Twists on Kelo: Taking from A to Give to Church in PA

The Pennsylvania Commonwealth Court last week held that a city redevelopment authority could not take a private homeowner's property that was located in a blighted area in order to turn the property over to a religious organization that sought to establish a private independent school.  The problem was the establishment clause, rather than the "taking clause."  The case is A condemnation Proceeding in Rem by the Redevelopment Authority of the City of Philadelphia, in an appeal by Mary Smith, 2005 WL 3734901 (Pa.Cmwlth.))