ELR Citation: ELR 20347
No(s). 120 C.D. 1972 (Pa. Commw. Ct. Apr 3, 1973)

The construction of an observation tower on private property adjacent to Gettysburg National Military Park would not clearly injure the aesthetic or historical values of the Gettysburg environment. The court holds that a provision of the Pennsylvania Constitution which guarantees the preservation of natural, scenic, historical, and aesthetic values of the environment is self-executing, and the Attorney General is the proper state officer to enforce its requirements. Nevertheless, the plaintiffs fail to establish by the necessary standard of clear and convincing evidence any injury under the provision.

Counsel for Plaintiff
Paul J. Carey, Jr. Deputy Attorney General
Ed Weintraub Deputy Attorney General
State Capitol
Harrisburg, PA 17120

Counsel for Defendants
Jerome H. Gerber
Handler, Gerber & Widmer
Suite 500
301 Market Street
Harrisburg, PA 17101