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IN RE ESTATE OF RYERSS

No. 2446 C.D. 2008, No. 43 C.D. 2009.

987 A.2d 1231 (2009)

In re ESTATE OF RYERSS, Deceased, Appeal of Fox Chase Cancer Center In re Estate of Robert W. Ryerss, Deceased, Appeal of City of Philadelphia.

Commonwealth Court of Pennsylvania.

Decided December 16, 2009.

Reargument Denied February 22, 2010.

Attorney(s) appearing for the Case

James G. Colins, Philadelphia, for appellant, Fox Chase Cancer Center.

Elise Bruhl, Philadelphia, for appellee, City of Philadelphia.

Samuel C. Stretton, West Chester, for appellees, Jean Gavin, Fred Maurer, Tim Kearney, Janice Nevin, Mary Tracy, Margaret Dietrich, Sharon Doyle, Wanda Exline, Jay Cooke and Kate Friend.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, and PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge, and LEAVITT, Judge, and BUTLER, Judge.

OPINION BY Judge COHN JUBELIRER.

The City of Philadelphia (City) and Fox Chase Cancer Center (Fox Chase) (together, Appellants) appeal from the order of the Orphans' Court Division of the Philadelphia Court of Common Pleas (orphans' court), which denied their Petition for Authorization to Lease Real Property (Petition). Through the Petition, Appellants sought authorization for the City to discontinue using 19.4 acres (the Property) of Burholme Park (the Park) as parkland...

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