TodayJudge lets townhouse appeals proceed
Print
Share
Email to a friend
Add This
Article RatingThe operators of Shippensburg Townhouses will not be required to post a monetary bond in Cumberland County Court, and three land-use appeals - targeting a Shippensburg University Foundation plan to erect 21 townhouses on a 3-acre Shippensburg Township parcel - will continue to work through the legal system.
In an order issued April 27, Cumberland County Judge Edward Guido says the university foundation suffered no delay as a result of land-use appeals that contend Shippensburg Township supervisors failed to correctly apply its zoning and land development regulations when they issued a conditional use permit and approved a development plan in rapid succession last year - clearing the way for construction of the townhouses.
Work under way
Despite, the legal challenges, foundation contractors began work at the Hot Point Avenue site, and two rows of townhouses are taking shape - one building with 11 units in a row and the second with 10 units. The townhouses are designed to house four students each.
In response to the appeals, lawyers for the foundation called the actions “frivolous,” and asked the court to require a $500,000 bond by Shippensburg Townhouses.
Guido said last month that two of the three appeals do appear frivolous, but acknowledged there are legitimate questions still unanswered about the university foundation project.
Because there has been no construction delay, Guido says, no monetary security is required.
Shippensburg Townhouses attorney Neal Devlin says his client remains convinced that the Shippensburg Township approval process inadequately addressed three issues:
* The potential that stormwater could run onto adjoining property.
* Whether there is enough open recreation space on the site. Township regulations require 20 percent.
* Whether blocks of housing containing as many as 11 units creates too much population density.
The appeals were filed over several weeks, beginning in November. Devlin says a resolution to the challenge could happen more quickly now that the bond question has been settled.
Guido said last month he has three options in the appeals process:
* Allow the township action to stand.
* Send the land development plan back to supervisors for reconsideration.
* Determine that there are legal errors in the plan and its approval or abuse of discretion by the supervisors.
