IN RE BOROUGH OF DOWNINGTOWN

No. 12 MAP 2016, No. 13 MAP 2016, No. 14 MAP 2016, No. 15 MAP 2016, No. 16 MAP 2016, No. 17 MAP 2016, No. 18 MAP 2016, No. 19 MAP 2016, No. 20 MAP 2016, No. 21 MAP 2016, No. 22 MAP 2016, No. 23 MAP 2016.

161 A.3d 844 (2017)

IN RE: Petition of the BOROUGH OF DOWNINGTOWN. Appeal of: Friends of Kardon Park and Ann Feldman. In re: Petition of the Borough of Downingtown. Appeal of: Friends of Kardon Park and Ann Feldman. In re: Petition of the Borough of Downingtown. Appeal of: Friends of Kardon Park and Ann Feldman. In re: Petition of the Borough of Downingtown. Appeal of: Friends of Kardon Park and Ann Feldman. In re: Petition of the Borough of Downingtown. Appeal of: Borough of Downingtown, Council of the Borough of Downingtown, Progressive Housing Ventures, LLC and J. Loew & Associates, Inc. In re: Petition of the Borough of Downingtown. Appeal of: Borough of Downingtown, Council of the Borough of Downingtown, Progressive Housing Ventures, LLC and J. Loew & Associates, Inc. In re: Petition of the Borough of Downingtown. Appeal of: Borough of Downingtown, Council of the Borough of Downingtown, Progressive Housing Ventures, LLC and J. Loew & Associates, Inc. In re: Petition of the Borough of Downingtown. Appeal of: Borough of Downingtown, Council of the Borough of Downingtown, Progressive Housing Ventures, LLC and J. Loew & Associates, Inc. In re: Petition of the Borough of Downingtown. Appeal of: Kim Manufacturing Company and Stewart Hall, L.P. In re: Petition of the Borough of Downingtown. Appeal of: Kim Manufacturing Company and Stewart Hall, L.P. In re: Petition of the Borough of Downingtown. Appeal of: Kim Manufacturing Company and Stewart Hall, L.P. In re: Petition of the Borough of Downingtown. Appeal of: Kim Manufacturing Company and Stewart Hall, L.P.

Supreme Court of Pennsylvania.

DECIDED: June 20, 2017.


Attorney(s) appearing for the Case

Jeffrey Concini Clark, Esq. , Wix, Wenger & Weidner, P.C., for Pennsylvania State Association of Township Supervisors, Amicus Curiae.

George Jugovic, Jr., Esq. , Kurt John Weist, Esq. , Citizens for Pennsylvania's Future, for PA Land Trust Association & PA Recreation and Park Society, Amicus Curiae.

Samuel C. Stretton, Esq. , Law Office of Samuel C. Stretton, for Friends of Kardon Park and Ann Feldman, Appellee.

Robert L. Byer, Esq. Duane Morris, L.L.P. Louis J. Colagreco Jr., Esq. , Riley, Riper, Hollin & Colagreco, P.C., Robert McCarthy Palumbos, Esq. , for J. Loew & Associates, Inc and Progressive Housing Ventures, LLC, Appellee.

David Dembe, Esq. , Claudia M. Tesoro, Esq. , PA Office of Attorney General, for Office of Attorney General, Appellee.

Henry Fintan McHugh, Esq. , Petrikin, Wellman, Damico, Brown & Petrosa, P.C., for Kim Manufacturing Company and Stewart Hall, L.P., Appellee.

Patrick C. O'Donnell, Esq. , Gawthrop Greenwood, PC, Patrick Michael McKenna, Esq. , for Borough of Downingtown and Council of the Borough of Downingtown, Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.


OPINION

In these consolidated cross-appeals, we accepted review to consider whether three statutory provisions — the "Donated or Dedicated Property Act" ("DDPA"),1 the "Project 70 Land Acquisition and Borrowing Act" ("Project 70 Act"),2

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