In Marple Township v. Marple Newtown School District, 856 A.2d 225 (Pa. Cmwlth. 2004), Marple Township (Marple Township) had filed a declaration of taking against the Marple Newtown School District (Newtown School District) so as "to acquire land for the purpose of erecting public buildings, public works, playgrounds and recreational areas." Id. at 226-27. Newtown School District filed preliminary objections and alleged, among other things, that "the Township lacks the power to condemn the subject property under the First Class Township Code . . . the Township lacks the authority to condemn any portion of the subject property under the Public School Code of 1949" and that "the Township is barred by common law from condemning any portion of the subject property, which was devoted to a public use and used for public purposes on the date of condemnation . . . ." Id. at 227. The Court of Common Pleas of Delaware County overruled Newtown School District's preliminary objections. On appeal, this Court affirmed and addressed the pertinent issues raised before the common pleas court: Section 2803 of the First Class Township Code, 53 P.S. 57803, provides as follows: Townships may enter upon an appropriate private property and also land heretofore granted or dedicated to public use or other use within the limits of such township, and which is no longer used for the purpose for which the same was granted or dedicated for the erection thereon of a town hall, fire house, lockup, and such other public buildings as are necessary for public purposes. We agree with the School District Newtown that it has certain duties and rights under the Public School Code. The Court agreed that property devoted to one public use may be taken for another public use only if the taking will not materially impair or interfere with or is not inconsistent with the use already existing . . . and is not detrimental to the public. However, due to the fact that the School District Newtown had listed the property for sale through a real estate broker prior to the filing of the Marple Township's declaration of taking, the School District's Newtown's contentions are disingenuous at best. By listing the subject property for sale, it is clear that the School District Newtown believes that the subject property is no longer needed to facilitate its present or projected purposes . . . . Id. at 227-29.