Daily Local News (West Chester, PA)
Council withdraws from Kardon Park lawsuit
Developers have sought to build homes on parkland in Downingtown, East Caln
DOWNINGTOWN » Not everything goes according to plan.
Downingtown Borough Council unanimously approved on Tuesday to withdraw from the Kardon Park lawsuit in which developers sought to build homes in Downingtown Borough and East Caln Township. Councilwoman Ann Feldman recused herself from voting because of her legal involvement in opposing the development project in the parkland.
Anthony “Chip” Gazzerro noted that the housing project has been an ongoing process for more than a decade. He is the only current council member who was on the board at the time developers had sought the project. He initially had voted against it. In the past few years, six council members, including Gazzerro, have often voted in favor of matters regarding the development with Feldman dissenting.
The housing project was supported by some and opposed by others. Then lawsuits halted the process. Feldman, president of Friends of Kardon Park, had filed one of the lawsuits.
“I think now we can stop all the back and forth over the years and focus on bringing the town forward,” Gazzerro said. “More people have been moving in and we want to continue progressing.”
He hopes that both sides will now focus efforts on the cleanup process of the soil in certain areas of Kardon Park.
“We want to keep it clean for generations to come,” Gazzerro said. “We lost millions of dollars in grants to clean it up because of the process. We will try to get more grants for the cleanup and it may help with getting more trails.”
Developers had plans to make improvements to 14 acres of Kardon Park, including remediating the soil and storm water management to the lakes nearby, which are referred to as the Ponds of Kardon Park.
“Borough council made the decision to move forward and understands that the development is not going to happen,” Downingtown Mayor Josh Maxwell. “We think it’s important to come together this New Year to work together toward
“We had to make a decision. We don’t want the process to go on because we are not going to put any taxpayers’ money toward it.” — Anthony “Chip” Gazzerro
common goals.”
Gazzerro said when the developer decided not to continue pursuing approval from the courts for the housing development that the borough would no longer be a party to it.
“We had to make a decision,” Gazzerro said. “We don’t want the process to go on because we are not going to put any taxpayers’ money toward it.”
Downingtown Borough Manager Steve Sullins noted that to date the developer has paid the legal fees associated with the borough’s involvement in this case.
“Since the developer will no longer be pursing legal appeals, the borough would be carrying the legal costs if we were to continue,” Sullins said.
Developer Sarah Peck, of Progressive Housing Ventures, LLC, did not immediately respond to a request for comment.
Developers were granted permission in March 2015 by East Caln Township supervisors to build 70 townhomes on seven acres located in the township that is used by the Downingtown Public Works Department. The land is not open to the public.
The borough had plans to sell 28 acres of parkland to a developer for the construction of about 300 housing units in the two municipalities, but the plans were delayed by lawsuits for years.
In one of the most recent court decisions, the Supreme Court overturned several decisions in June 2017 made by the Commonwealth Court. The judges reviewed if Downingtown Borough would be allowed to sell its four private parcels of land to housing developers Progressive Housing Ventures, LLC and J. Loew and Associates, Inc. Those parcels comprise of land known as Kardon Park, a public community park currently owned and maintained by the borough. The borough additionally sought to grant easements over parts of the park.
The Supreme Court vacated the order of the Commonwealth Court with respect to the borough’s proposed sale to the developers of the two parcels known as the Southern Parcels, reversed the order of the Commonwealth Court regarding the proposed sale by the borough to developers of
The Supreme Court said that in order for the borough to sell the northern parcels it must receive court approval under the Donated or Dedicated Property Act (DDPA), which the borough unsuccessfully attempted to do in court in 2009.
the two parcels known as the Northern Parcels, and reversed the order of the Commonwealth Court involving the borough’s grant of easements to developers.
The Supreme Court said that in order for the borough to sell the northern parcels it must receive court approval under the Donated or Dedicated Property Act (DDPA), which the borough unsuccessfully attempted to do in court in 2009.
Peck said at the time of the Supreme Court ruling that it keeps the development “still alive” and that borough lawyers would review the options.
Visit Daily Local News staff writer Ginger Rae Dunbar’s blog about journalism and volunteering as a firefighter at FirefighterGinger.blogspot.com.