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It also described its historical maintenance activities as limited, arguing that occasional repairs over 130 years were insufficient to establish responsibility. In August 1978, the council also authorised advertising for bids to repair the passage. A September 2014 letter sent by the borough to residents further acknowledged the need to replace the steps.
Public steps connecting two streets may look like an ordinary part of a neighbourhood, but responsibility for maintaining them can become complicated when they run across privately owned land. A Pennsylvania couple faced that issue after their borough disputed its obligation to maintain a set of steps that had been used by residents for generations. The couple argued that the public had relied on the passage for more than a century and that the borough had repeatedly repaired and maintained it using public resources. The borough argued that there was no formal record showing that its council had accepted the steps through an ordinance or resolution. The couple countered that residents had freely and continuously used the steps for more than a century. They also presented evidence that the borough had spent public money constructing, rebuilding and repairing the passage. The Commonwealth Court explained that Pennsylvania law recognises both express and implied dedication of property for public use. An implied dedication can be established through a series of actions demonstrating an intention to make property available for public purposes. The appeals court considered these records evidence of authorised or ratified municipal actions. Together with the long history of public use, they supported the conclusion that the borough had accepted the dedication. Ultimately, the Pennsylvania Commonwealth Court affirmed the lower court’s ruling, leaving the Borough of Jim Thorpe responsible for continuing to maintain the High Street Steps. The decision established that the absence of a formal acceptance document did not excuse the borough from its obligations when more than a century of public use and historical municipal records demonstrated its acceptance of the passage.
The judges also referred to earlier legal decisions establishing that prolonged public use and municipal actions can demonstrate acceptance even without a formal resolution.