A King’s Bench Appeal is a special request for the high court to accept jurisdiction over an appeal rather than having to go through the lower court appeal process. Fox Chase Cancer Center filed appeals to both the Supreme Court and the Commonwealth Court challenging the decision of Orphans’ Court Judge John Herron, denying a request to allow 19.4 acres of dedicated parkland to be used for private development. The Court ruled that under the Public Trust Doctrine, Burholme Park, must remain a park.
According to an article appearing in the Daily News a spokesman for Fox Chase stated that the administration is exploring options for expansion, including building within their own 14.5 acre campus. The Supreme Court’s denial for special jurisdiction does not impact Fox Chase Cancer Center’s earlier appeal filed to the Commonwealth Court. The Court has ordered attorneys representing Fox Chase to submit their brief with a copy of the reproduced record. Attorney Samuel C. Stretton, representing the neighbors and users of the Park, will submit a brief 30 days later.
Read Judge Herron’s Opinion
Read Judge Herron’s Ruling Granting Taxpayer Standing to Neighborhood Residents