In re the Borough of Edgewood

In In re the Borough of Edgewood, 318 Pa. 268, 178 A. 383 (1935), the Borough of Edgewood had sought an appointment of viewers in order that "the bed of the proposed street is laid down on the lines of an existing passageway" on property that belonged to the Western Pennsylvania School for the Deaf (Appellant). Id. at 269, 178 A. at 383. Appellant challenged the appointment of viewers and argued that it was "a public charitable institution, part of the school system of the State, was largely supported by public funds appropriated by the Commonwealth for the purpose, and for that reason all its property was immune from taking by the borough under the right of eminent domain." Id. at 269, 178 A. at 383. The Pennsylvania Supreme Court rejected this argument and concluded that in the absence of any statutory authority to the contrary, the public use of one property may be taken for another public use.