PA Supreme Court to Decide Whether State Law Allows City to Sell Golf Course Property

On Wednesday the Pennsylvania Supreme Court agreed to allow arguments on whether the state’s Commonwealth Court erred by ruling in January that Pennsylvania’s Donated or Dedicated Property Act allows the city of Erie to sell or develop the Erie Golf Club course for another purpose.  Pennsylvania’s Donated or Dedicated Property Act gives a public body discretion in selling certain pieces of property.  Lake Erie Region Conservancy, a local nonprofit conservation group, filed the appeal.

Erie closed Erie Golf Club in 2007, saying it was a money-losing enterprise and sought to sell the land for a possible housing development.  Erie County Court Judge Stephanie Domitrovich denied the request in June 2007, saying the city was required to maintain the property as a park or golf course because of a deed restriction that has been in place since 1926.  The city appealed on the basis of the Donated or Dedicated Property Act, and the Commonwealth Court overruled Domitrovich’s opinion.

On April 24th, the city of Erie and Millcreek Township closed a deal that transferred ownership of the course to the township in exchange for $2.2 million to pay off course debt.  The deal was a key piece of Erie International Airport’s $80.5 million runway extension project.  According to Erie City Solicitor Greg Karle, the Supreme Court’s decision will not affect the already complete transfer of the course to Millcreek Township.  Nevertheless, a Supreme Court ruling in favor of the conservancy would likely ensure that Millcreek continues to operate the land as a golf course.  Millcreek Supervisor Brian McGrath said the township fully intends to do just that.

The Pennsylvania Supreme Court is expected to hear the case sometime in October 2009.

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