Greater Fourth Street Associates, Inc. v. Smithfield Township

OPINION BY

Judge LEADBETTER.

This appeal raises the novel issue of whether a Second Class Township will violate the competitive bidding requirement of Section 1503 of the Second Class Township Code (Code), 1 53 P.S. § 66503, by giving property it will purchase from the Commonwealth to a private nonprofit corporation that it created, which will in turn sell the property to the developer of its choosing. The Court of Common Pleas of Huntingdon County concluded that the proposed property transfer from the township to the nonprofit corporation was legal and granted the summary judgment motion of…