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IN RE ERIE GOLF COURSE

No. 12 WAP 2009.

992 A.2d 75 (2010)

In re ERIE GOLF COURSE. Appeal of Lake Erie Region Conservancy, Inc., and Committee to Keep Erie Golf Course Open.

Supreme Court of Pennsylvania.

Decided March 25, 2010.

Attorney(s) appearing for the Case

Paul Franklin Curry, Richard E. Filippi, Richard E. Filippi and Associates, P.C., for Lake Erie Region Conservancy & Committee to Keep EGC Open.

Kimberly A. Hummel, PA Department of Conservation & Natural Resources, for amicus curiae Department of Conservation and Natural Resources.

Samuel C. Stretton, Law Office of Samuel C. Stretton, West Chester, for amicus curiae Pennsylvania Land Trust Association.

Henry Fintan McHugh, Petrikin, Wellman, Damico, Brown & Petrosa, P.C., Media, for amicus curiae Stewart Hall, LP.

Gregory Alan Karle, Dailey, Karle & Villella, for City of Erie.

Patrick C. O'Donnell, West Chester, for amicus curiae Borough of Downingtown.

Jeffrey Concini Clark, Wix, Wenger & Weidner, P.C., Harrisburg, for amicus curiae Pennsylvania State Association of Township Supervisors.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice SAYLOR.

In this appeal, we consider whether the Donated or Dedicated Property Act applies to the sale of a municipal golf course and park.

In 1926, lands now known as the Erie Golf Course were conveyed to the City of Erie by a private club, on the municipality's payment of a nominal consideration of one dollar and assumption of a $15,000 mortgage. The recorded deed included a restrictive covenant, consistent with an authorizing...

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