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Commonwealth v. National Gettysburg Battlefield Tower, Inc.

Citation: 2 ELR 20517
No. No. 2 July Term 1971, 14 Adams L.J. 52, (Pa. Ct. C.P. Adams Cty., 07/27/1972)

In this suit, challenging the building of an observation tower overlooking the Gettysburg Battlefield, the Commonwealth Court remanded the case for further evidentiary hearings. The remand instructions ordered the court to hear and consider any evidence, including evidence available but excluded at the prior hearing, all in light of newly discovered evidence. The evidence offered is excluded as being irrelevant, repetitive of other evidence already admitted or not being the best evidence available. The newly discovered evidence, consisting of a recommendation from the Advisory Council on Historic Preservation to the Department of the Interior, is admissible according to the remand instructions; those instructions did not deal with the weight to be attached to the Advisory Council's views. In light of the agreement of the Federal government to swap land for the erection of the tower, the Advisory Council's views should be accorded little weight. The previous decrees and opinions of the court are ratified and affirmed.

Counsel for Pennsylvania
J. Shane Creamer Attorney General
State Capitol
Harrisburg, Pa. 17120

Counsel for Defendants
Jerome H. Gerber
Handler, Gerber and Widmer
301 Market Street
Harrisburg, Pa. 17100