When the School Board went ahead and voted to sell this property to a luxury high density developer, we were forced to file a “Sunshine Complaint” with the Chester County Court to ask the board to do actual due diligence and hold substantive public deliberation. We continue that effort. The Sunshine Violation complaint is to hold the board accountable to their duty as fiduciaries and to uphold their oath of office.
But even that is not enough to protect this land and our community.
We have one last card to play to SAVE OUR OPEN SPACE: Eminent Domain.
Eminent domain has been used to protect open space for decades. It is a legal method by which a landowner receives fair market value for land which is then protected for the benefit of the public.
Phoenixville Area School District has used Eminent Domain in the recent past when it suited them.
By using the method now, the District will receive a fair market sale price much faster than they would by pursuing an Agreement of Sale that invites litigation. Both the District and the Borough will save money that would otherwise be spent on the litigation of a bad decision. So now, we the people ask that we be protected from this poor decision based on misinformation and that our land, air, and water be protected as is our right per the Pennsylvania Constitution.
We thank everyone who has donated, signed the earlier petitions, attended School Board meetings, and helped with this effort to stop luxury high density development that will irreparably harm the environment, raise taxes, and lower property values. Our work is far from over.