West Shore School Dist. v. Commonwealth

325 A.2d 669

 

RULE:

A pre-release program mandated by the legislature does not constitute an unreasonable use of property if it is operated under the conditions that it set forth.

FACTS:

The Commonwealth of Pennsylvania, acting through the legislature, established a pre-release program for eligible inmates to reside outside of the fenced areas of the prison in order to facilitate their reintegration to society. There was some evidence that the program might reduce property values in the area and that the transfer of inmates to become residents could constitute a real and present threat to the lives and property of others in the community. Accordingly, the neighboring school district sued for an inunction to prevent the Commonwealth from operating this pre-release program.

ISSUE:

If a mandated program, established by the legislature, is operated in such a manner so as not to be considered an unreasonable use of property, is it an abuse of discretion?

ANSWER:

No.

CONCLUSION:

If the Commonwealth operates the program under the conditions that it set forth in its affidavit, then operating the program is not an unreasonable use of property such that it would be an abuse of discretion.

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