Supreme Court of Pennsylvania December 27, 2007, No 64 MAP 2006 (Middletown Township v. Lands of Stone)

Justice EAKIN,

dissenting.

Relying on the Township’s Recreation, Parks, and Open Space Plan and the depositions of former members of the Township’s Board of Supervisors, the trial court found the record revealed the ultimate goal for the Farm was recreational in nature, stating, “the condemnation purpose was in fact for recreation uses .... ” Trial Court Opinion, 12/3/04, at 5.