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Pennsylvania v. National Gettysburg Battlefield Tower, Inc.

454 Pa. 193, 311 A.2d 588 (1973)

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Pennsylvania v. National Gettysburg Battlefield Tower, Inc.

Pennsylvania Supreme Court
454 Pa. 193, 311 A.2d 588 (1973)

Facts

National Gettysburg Battlefield Tower, Inc. (the Tower Corporation) (defendant) planned to build a 307-foot tower near the Gettysburg Battlefield. The Commonwealth of Pennsylvania (Pennsylvania) (plaintiff) brought suit in the Court of Common Pleas to enjoin construction of the tower, relying on the Pennsylvania Constitution as a basis for standing. Pennsylvania argued that the tower would spoil the natural and historic environment of the battlefield. The Tower Corporation argued that the tower was aesthetically pleasing and would provide educational value to visitors. The Court of Common Pleas determined that Pennsylvania had failed to show by clear and convincing proof that the tower’s construction would irreparably harm the environment at the proposed site. Pennsylvania appealed to the Commonwealth Court, which affirmed. Pennsylvania then appealed to the Pennsylvania Supreme Court.

Rule of Law

Issue

Holding and Reasoning (O’Brien, J.)

Concurrence (Roberts, J.)

Dissent (Jones, C.J.)

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Environmental Law

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