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May 11, 2009

Erie Golf Course case: Pennsylvania Court backs away from earlier park protection decision

Two Pennsylvania courts have taken very different stances on park protection in the past six months. The first case involved the Fox Chase Cancer Center's attempt to build a new facility in Philadelphia's popular Burlholme Park. In December, Philadelphia Orphan's Court Judge Herron ruled that the public trust doctrine protected the park until such time as it was no longer a viable park. Fox Chase has since appealed this decision.

A month later, a different Pennsylvania court took an opposing view of the public trust doctrine in the "In Re: Erie Golf Course" case. In 2007, the city of Erie tried to sell one of three municipal golf courses that it had closed to save money. The course had operated at a deficit for at least four times in the previous decade and was appraised at $1.8 million. The Lake Erie Region Conservancy and the Committee to Keep Erie golf Course Open argued that the course should be kept open or maintained as a public park.

A deeply divided Commonwealth Court panel ruled 4 to 3 that a municipality may sell dedicated public land if they determine it is no longer fiscally practical to maintain it. If this ruling stands, it would set an extremely dangerous precedent that allows public officials to close parks based soley on budgetary considerations. Given the current funding climate and the number of parks that are facing budget shortfalls - this interpretation of public trust ownership responsiblities could lead to a massive sell off of public trust lands.

Park advocates should be watching these two appeals very closely and should consider filing amicus briefs in support of a strict reading of the public trust doctrine. Contact Defense of Place for more information.

Posted by dop_editor at May 11, 2009 08:54 PM

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