IN RE REDEVELOPMENT AUTH. OF PHILADELPHIA


938 A.2d 341 (2007)

A Condemnation Proceeding in rem by the REDEVELOPMENT AUTHORITY OF the CITY OF PHILADELPHIA for the Purpose of Redevelopment of North Philadelphia Redevelopment Area Model Cities Urban Renewal Area Condemnation No. 30 B Philadelphia, PA including certain Land Improvements and Properties Re: 1839 North Eighth Street.

Supreme Court of Pennsylvania.

Decided December 27, 2007.


Attorney(s) appearing for the Case

David J. Perlman, David Paul Heim, George Bochetto, Bochetto & Lentz, Philadelphia, for Redevelopment Authority of City of Philadelphia, appellant.

Lewis Rosman, City of Philadelphia Law Dept., for City of Philadelphia, appellant amicus curiae.

Edward M. Posner, Drinker, Biddle & Reath, L.L.P., Philadelphia, for The Hope Partnership, appellant amicus curiae.

Robert J. Sugarman, Sugarman & Associates, P.C., Philadelphia, for Mary Smith, appellee.

Steven Freeman, New York City, for Anti-Defamation League, appellee amicus curiae.

Barry E. Ungar, Theodore R. Mann, Judah Isiah Labovitz, for Jewish Social Policy Action Network, et al., appellee amici curiae.

BEFORE: CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.


OPINION

Justice BALDWIN.

The primary question raised in this appeal is whether taking private property, certified as blighted 36 years previously, by eminent domain, in order to convey the property to a religious entity as part of a redevelopment plan, violates the Establishment Clause of the United States Constitution. The Commonwealth Court, in a four-three en banc decision, reversed the Court of Common Pleas of Philadelphia's determination...

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