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A Township Lease of Public Land to Allow Construction of a Communication Tower Creates a Subdivision within the Meaning of the MPC. White v. Township of Upper St. Clair, Pa. Cmwlth., Cross Reference - MPC Section 107; Donated or Dedicated Property Act; PA Constitution, Article 1, Section 27. In this case township residents brought suit seeking declaratory and injunctive relief to challenge the construction of a communications tower in a township park. The park was created by a deed dedicating the park to the township for the limited use of recreation, conservation and historic purposes. The township entered into a 100 year lease with a communications company for .428 acres of the 200 acre park. The lower court dismissed the residents' complaint finding that the residents lacked standing to enforce the terms of the deed of dedication. The court determined that the township had no duty to apply to the orphans' court for permission to use the property for a different public purpose, pursuant to the Donated or Dedicated Property Act. The lower court also found that the lease did not create a subdivision of the 200 acres. The Commonwealth Court reversed the trial court decision in
part and affirmed in part as follows: The Court held that residents' interests as taxpayers and residents of the township were substantial, direct and immediate to pursue the claim that the township failed to uphold the terms of the dedication of the Park. The residents; interests are protected by the Pennsylvania Constitution, Article I, Section 27 which provides that people have a right to the preservation of the natural, scenic, historic and esthetic values of the environment. DONATED OR DEDICATED PROPERTY ACT The Court held that a private right of action exists under the Donated or Dedicated Property Act, 53 P.S. 3381, et seq. to enforce the restriction to use the donated lands for the purposes for which they were originally donated. SUBDIVSION AND DEVELOPMENT The Court held that a lease which conveys a use of a discrete
parcel of land from the township to a third party is an action
creating a subdivision within the meaning of Section 107 of the
MPC and required the township to filed a subdivision and development
plan pursuant to the municipality's ordinances.
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