CITIZENS TO KEEP RADNOR PARK PUBLIC v. RADNOR TOWNSHIP BOARD OF COMMISSIONERS
Citizens to Keep Radnor Park Public and Albert B. Murphy, III and Heather Murphy and David M. Humphrey and Gayla McClusky and Ralph Thomas, Appellants,
Radnor Township Board of Commissioners and the Agnes Irwin School.
No. 412 C.D. 2012.
Commonwealth Court of Pennsylvania.
Argued: October 15, 2012.
Filed: January 11, 2013.
BEFORE: HONORABLE DAN PELLEGRINI, President Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE MARY HANNAH LEAVITT, Judge.
OPINION NOT REPORTED
MEMORANDUM OPINION BY JUDGE LEAVITT.
Citizens to Keep Radnor Park Public (Citizens) appeal an order of the Court of Common Pleas of Delaware County (trial court) denying their petition to preliminarily enjoin Agnes Irwin School from constructing an athletic field on public park land leased from Radnor Township. Discerning no error by the trial court, we affirm.
In 1993, Morgan's Run Corporation dedicated two parcels of real estate in the Township as a public park. The two parcels were known as the "Township Satellite Parking Parcel" (4.8 acres) and the "Heli-pad Parcel" (2.8 acres). In August 1999, Radnor Township, the Radnor School District and Radnor Center Associates1 entered into a comprehensive Covenants, Restrictions and Easements Agreement consolidating the two parcels to form Radnor Memorial Park. The Covenants Agreement stated:
Restrictions on Use of [Radnor Memorial Park].
Township hereby covenants and declares that the two Township-owned parcels of real property [forming Radnor Memorial Park] shall always be used for public park lands and public open space, and no artificial structure shall be built or placed inconsistent with this use on the [parcels]; provided, however that Township, its successors and assigns, may construct upon such parcels paved parking areas (including but not limited to the Township Satellite Parking Lot), access drives, sports fields, restrooms, water fountains, facilities for maintenance and park equipment, related park amenities, and the southern terminus of the Pedestrian Bridge.
Reproduced Record at 53a (R.R. __) (emphasis added). Radnor Memorial Park consists of an all-purpose field, a walking path, wooded open space with park benches, a parking area, restrooms and a water fountain. Since its dedication it has remained accessible to all residents of the Township for active and passive recreational use from dawn to dusk, 365 days per year, except when the all-purpose field is in use.