IN THE SUPREME COURT OF PENNSYLVANIA 

 MIDDLE DISTRICT 

IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: FRIENDS OF KARDON 

PARK AND ANN FELDMAN 

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No. 358 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 

 

IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: FRIENDS OF KARDON 

PARK AND ANN FELDMAN 

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No. 359 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 

IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: FRIENDS OF KARDON 

PARK AND ANN FELDMAN 

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No. 360 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 

IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: FRIENDS OF KARDON 

PARK AND ANN FELDMAN 

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No. 361 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 

IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: BOROUGH OF 

DOWNINGTOWN, COUNCIL OF THE 

BOROUGH OF DOWNINGTOWN, 

PROGRESSIVE HOUSING VENTURES, 

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No. 410 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 
LLC AND J. LOEW & ASSOCIATES, INC. : 

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IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: BOROUGH OF 

DOWNINGTOWN, COUNCIL OF THE 

BOROUGH OF DOWNINGTOWN, 

PROGRESSIVE HOUSING VENTURES, 

LLC AND J. LOEW & ASSOCIATES, INC.

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No. 411 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 

IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: BOROUGH OF 

DOWNINGTOWN, COUNCIL OF THE 

BOROUGH OF DOWNINGTOWN, 

PROGRESSIVE HOUSING VENTURES, 

LLC AND J. LOEW & ASSOCIATES, INC.

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No. 412 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 

IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: BOROUGH OF 

DOWNINGTOWN, COUNCIL OF THE 

BOROUGH OF DOWNINGTOWN, 

PROGRESSIVE HOUSING VENTURES, 

LLC AND J. LOEW & ASSOCIATES, INC.

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No. 413 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 

IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: KIM MANUFACTURING 

COMPANY AND STEWART HALL, L.P. 

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No. 424 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 

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IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: KIM MANUFACTURING 

COMPANY AND STEWART HALL, L.P. 

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No. 425 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 

IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: KIM MANUFACTURING 

COMPANY AND STEWART HALL, L.P. 

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No. 426 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 

IN RE: PETITION OF THE BOROUGH 

OF DOWNINGTOWN 

PETITION OF: KIM MANUFACTURING 

COMPANY AND STEWART HALL, L.P. 

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No. 427 MAL 2015 

Petition for Allowance of Appeal from the 

Order of the Commonwealth Court 

ORDER 

PER CURIAM 

 AND NOW, this 17th day of February, 2016, the Petitions for Allowance of Appeal at 

410-413 MAL 2015 are GRANTED as to the following issues, as framed by Petitioners: 

a. Where a municipality has satisfied the requirement to dispose of 

condemned property under Section 310(a) of the Eminent Domain 

Code by abandoning the purpose for which the property was 

condemned, does the Donated or Dedicated Property Act, Act of Dec. 

15, 1959, P.L. 1772, 53 P.S. §§ 3381, et seq. (the “DDPA”) 

nonetheless require judicial approval before a municipality may 

dispose of that property? 
 

b. Where a municipality intends to abandon property acquired by 

condemnation and where that intent is coupled with external acts to 

achieve such abandonment, has the purpose of the property been 

“abandon[ed]” for purposes of Section 310(a) of the Eminent Domain 

Code? 

Furthermore, the Petitions for Allowance of Appeal at 358-361 MAL 2015 and 424-427 MAL 

2015 are GRANTED, LIMITED TO the following issues: 

a. Does the removal of Project 70 Act deed restrictions also remove all 

 public trust interests in dedicated parkland, such that judicial review of the 

 sale of such parkland would no longer be required under the Donated or 

 Dedicated Property Act, 53 P.S. §§ 3381-3386? 

b. May municipalities convey private development easements over public 

 parkland without first obtaining Orphans’ Court approval under the DDPA? 

The Prothonotary is directed to consolidate these matters for argument. 

Mr. Justice Eakin did not participate in the decision of this matter.