In Re Redevelopment Auth. of Philadelphia

I respectfully dissent from the Majority’s conclusion that taking private property through condemnation and transferring that property for nominal consideration to a religious partnership to develop a religious school does not have the principal effect of advancing religion. I believe that this government action provides direct aid to a religious school in violation of the Establishment Clause, and would therefore affirm the Commonwealth Court’s holding that the taking was unconstitutional.

As part of a redevelopment plan in Philadelphia, the City of Philadelphia’s Planning Commission…