On October 7, 2010, the Chester County Court of Common Pleas ruled that the Borough of Downingtown does not have the authority to sell parkland for private development. A copy of the Opinion and Order is attached.

Significantly, the Court found that the entire property was dedicated to public use even though the prope11y consists of separate parcels and only portions of the property are used for more active recreation. Since the public historically had access to the entire property, the Court ruled that the entire prope11y was dedicated to public use, including those portions available for passive recreation. Evidence the entire property had been dedicated as a park included language in the deeds concerning recreation and conservation purposes, ceremonies to name portions of the property “Kardon Park” and to name a trail running throughout the prope11y, and identification of the property as a public park on the Borough’s zoning map.

The Court also found that economic impracticability is not a factor in providing relief from the duty of the Borough to continue to hold the property for public use. The Court rejected the Borough’s argument that private development was necessary to address contamination at the site.

Vincent M. Pompo
Voice (610) 430-8000
Fax (610) 692-6210
vpompo@lambmcerlane.com