Victory for Burholme Park: Commonwealth Upholds Orphans’ Court Decision

After months of deliberations, the  Court in the  case of In re Estate of Ryerss, 987 A.2d 1231 (Pa. Commw. Ct. , 2009) denied the City’s request to turn over 19.4 acres of parkland to Fox Chase Cancer Center for its expansion.

The unanimous decision of the seven member panel of judges dismissed the city’s arguments that continuing to use Burholme Park as parkland was not the most beneficial use, and would not best serve the public interest.

The court determined that the language of the law “focuses on whether the original use has ceased to serve the public interest and did not allow for a balancing of benefits.”

Continue reading