Petition of Westmont

In Petition of Westmont, 131 Pa. Commw. 530, 570 A.2d 1382 (Pa. Cmwlth. 1990) the Court approved an orphans' court's removal of a deed restriction on land and buildings conveyed by a steel corporation to a borough for municipal purposes only, after the borough moved its municipal building to a new location. The Court stated that Section 4 granted the orphans' court power to remove a restrictive covenant; otherwise, the power to approve a sale under Section 4(3) where the use of the property "is no longer practicable or possible or in the public interest" would be rendered nugatory.