In a case of first impression, a deeply divided Pennsylvania Commonwealth Court has ruled that the Redevelopment Authority of Philadelphia cannot take private property marked as blighted and give it to a private, religious organization. Judge Doris A. Smith-Ribner said in her opinion that the taking in the case was an entanglement of church and state, and that "nothing in the Constitution authorizes a taking of private property for a private use."
February 07, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
In a case of first impression, a deeply divided Pennsylvania Commonwealth Court panel has ruled that the Redevelopment Authority of Philadelphia cannot take private property marked as blighted and give it to a private, religious organization.
In In re 1839 North Eighth Street, the court reversed Philadelphia Common Pleas Judge Matthew D. Carrafiello’s overruling of Mary Smith’s preliminary objections to the authority’s declaration of taking of her North Philadelphia property.
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