Trustees of the Philadelphia Museums v. Trustees of the University of Pennsylvania

In Trustees of the Philadelphia Museums v. Trustees of the University of Pennsylvania, 251 Pa. 115, 96 A. 123 (1915), the City enacted ordinances dedicating land for gardens and parks which were to be forever open to and used by the public. Museums were thereafter built on the land. The City then repealed the ordinances in order to convey the lands to the University, subject to an easement on behalf of the museums. The Court determined that taxpayers and citizens had standing to bring a suit to challenge the sale of the property to the University. As to standing, the Court stated the following: If there was an absolute dedication of the land to public purposes, under the various ordinances above referred to, and the city has since that time appropriated money for the care, maintenance and improvement of at least portions of the land in question, every citizen and taxpayer has an interest, not only by virtue of his being one of the public to whom the property has been donated but also by virtue of his contribution as a taxpayer .... In Philadelphia Museums, the City of Philadelphia, by ordinance, set apart a portion of an almshouse for the "purpose of being improved for the health and public welfare of the citizens of Philadelphia." 251 Pa. at 118, 96 A. at 123.