Judge rules in shopping center case
The court sided in favor of a developer who wants to bring a Giant supermarket to East Brandywine. A competing center plans to appeal.
Another court ruling has been made in the case involving a shopping center development dispute in the Guthriesville area of the township.
But a resolution to the sevenyear legal stalemate that has frustrated residents hoping to do their grocery shopping closer to home still appears out of reach.
On Sept. 7, Chester County Common Pleas Court Judge Edward Griffith overruled objections by Brandywine Village Associates to condemning portions of land on what is commonly known as the Spence Property along Route 322.
The court found the township’s purpose for the condemnation was to construct a connector road to alleviate longstanding traffic concerns presented by a dangerous intersection. There was no conspiracy or plan to hurt the owners of Brandywine Village Shopping Center, the court found.
The ruling allows plans for a connector road from Brandywine Village to the new Giant-anchored East Brandywine Center to move forward.
But, according to Paul Prince, the attorney representing Brandywine Village, his client will appeal the decision.
Prince said in a phone conver-
sation Monday the ruling contained “significant errors.”
In addition, there are other aspects of the case that have yet to be fully litigated in other courts, Prince said.
“The essential question is, who has the right to take someone else’s property and for what purposes,” Prince said. “We’re trying to reach a just conclusion.”
Unsurprisingly, the attorneys representing the other developers in the case, Carlino Commercial Development, disagree. Carlino wants to build the East Brandywine Center next to Brandywine Village, and has for years has touted a “Coming Soon” sign for a Giant store to passing motorists on Route 322.
“The county court win is expected to be welcome news to area residents who began a Change.org petition to support the building of the Giant shopping center when continued legal actions frustrated plans to build a modern grocery store in the community,” Carlino said in a company statement.
A majority of area residents have long supported plans to bring a Giant to East Brandywine, Carlino said, citing “increased convenience, job opportunities and tax revenue ... along with the advantage of having a clean, wellstocked grocery store in town.” Township residents have been without a grocery store since September 2015, when its only store, Stauffers – formerly Croppers – closed its doors. That store has remained vacant since then.
Progress to alleviate traffic concerns and to open the Giant has been hindered, however, “by ongoing frivolous legal battles from the adjacent landowner, BVA,” Carlino said in its statement announcing the court decision.
But a principal in Brandywine Village, John Cropper, is continuing his efforts to bring a store back to the Brandywine Village center, Prince said
“Mr. Cropper is actively pursuing a food store at that location,” Prince said.
The situation has not only frustrated residents. Township officials are also upset with the time and money the situation has cost township staff and taxpayers.
“It has just been a nightmare as far as the accusations that have been put forward,” said Township Manger Scott Piersol. “Their portrayal of the township have been completely off base.”
Marc Kaplin, an attorney representing Carlino, said the “frivolous litigation” has cost his client, the landowners and the township significant money. It has filed a “massive damage action” to be compensated for that.
The Brandywine Village group has even filed an anti-trust suit against the township, Giant and Carlino, claiming “we somehow conspired to stop them from having a supermarket,” Kaplin said.
“They have cost everybody a fortune and they’ve done it all through frivolous litigation,” Kaplin said. “In the end, they will pay for this.”