Palmerton Borough v. Palmerton Area School District

Little, J.,

The instant case involves the complaint of the Borough of Palmerton, requesting the issue of a permanent injunction against defendant by reason of its threatened condemnation of one-half of the borough’s municipal park, which the borough alleges would result in a violation of the law of this Commonwealth, a violation of principles of equity and irreparable injury to plaintiff and its citizens.

The general assembly has not expressly empowered school districts to condemn public property. Section 721 of the Public School Code of March 10', 1949, P. L. 30, 24 PS §7-721, in part…