Legal News

No Appeal From Fox Chase of Decision Refusing to Allow Division of Burholme Park

By Brian Harris

Fox Chase Cancer Center has decided not to appeal a unanimous Commonwealth Court decision that determined that a portion of a century-old Northeast Philadelphia park cannot be divided up for the center's expansion.

?The leadership of Fox Chase Cancer Center has decided not to appeal the recent Commonwealth Court ruling concerning the Center?s efforts to accomplish its much-needed expansion by utilizing a small portion of Burholme Park," Timothy N. Spreitzer, a spokesman for the center said in a statement. "The center is absolutely committed to continuing to serve as one of the nation?s outstanding comprehensive cancer centers, delivering world-class care to our patients and remaining at the forefront of scientific discovery."

Fox Chase's other possibilities for expansion include splitting its campus up to partner with another hospital; moving its entire treatment and research facility elsewhere; or building up within its 14.5 acre footprint.

Last month, an en banc Commonwealth Court panel said that the city of Philadelphia does not have the authority to lease a portion of Burholme Park to Fox Chase Cancer Center under a law that lets municipalities sell land donated to the public if the land can no longer be used for its dedicated purpose. The court also found the city did not show the use of the property for parkland is no longer practicable and has ceased to serve the public interest.

An answer from the City Law Department could not be obtained immediately on whether the city of Philadelphia also has decided to not seek to appeal the case to the state Supreme Court.

In past court filings, Fox Chase has said the city could lose 2,200 jobs, as well as 4,000 jobs that it estimated would be created by an expansion into Burholme Park. Fox Chase also has argued in court papers that keeping its research and treatment campus in one location creates synergies in the treatment and research into the treatment of cancer.

The 67-acre park was created after Robert W. Ryerss bequeathed his 45-acre farm to the city to be used as a park. Ryerss' widow, Mary, conveyed the bequest to the city in 1905 and the park was expanded with a 22-acre purchase by the city in 1915.

A group of taxpayers and neighbors of the park opposed the city of Philadelphia's plan to let Fox Chase use part of Burholme Park for its expansion.

Full post as published by The Legal Intelligencer Blog on January 15, 2010 (boomark / email).