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It Doesn’t Seem Fair
Written by Larry Roeder Editor
2017-03-08

                Property owners and nearby residents of any large-scale construction project should have the right and opportunity to intervene and sit at the table and hear, first-hand, details of how they may be affected.  It can also be an opportunity for those who may be affected to enter into negotiations to offset their concerns or secure compensation for potential damage or loss.

                Sometimes the law or, at least, a lawyer's interpretation of it gets in the way.  That's why we have courts.  Arguments can be presented and positions can be defended.

                Many hope that the recent action of property owners and Pennsburg Borough officials to "intervene" in the case of the Upper Perkiomen School District and Upper Hanover Township over the conditions sought for the construction of a new middle school won't be for naught.

                Hopefully, the court will ultimately decide their legal standing.

                One of the issues of concern should be that some attorneys view the original action between the school district and township as normal operating procedures.  For example, I want to build something where I'm not permitted to and you want something in return to allow me to do that – in this case assurances of student safety – at a significant cost to me.

                Due to time limitations imposed by law, one party or the other is forced to file a case against the other while negotiations continue.  They may not want to, but there are time-limits on many legal actions so the papers need to be filed.

                Once the action is official, others can attempt to become a party to it.  That's normal and legal if done properly.  It's also sometimes downright necessary to protect yourself and your investment.

                To try and simplify the current situation reported on page 1 of this week's Town and Country, the attorney for Upper Hanover Township has indicated that what is described above, concerning the time limitations, is true.

                In his opinion he also wrote that this was a "friendly appeal through which the parties are seeking to clarify certain terms of the decision."

                Of particular concern in his filed response was that the district and township are close to finalizing terms that will cause the appeal to be resolved entirely. 

                It is our hope that attorneys and officials won't rush to a final agreement in order to keep others who may be affected from being part of the final solution while they still have a chance to offer input.

                Let the legal process work its way through the system.  After the arguments and defense are presented, let the judge decide.

                According to an official order, a determination on whether or not to allow the property owners, and perhaps the borough, to intervene is scheduled to be heard by the court on March 20.

                If an agreement is reached and settlement made by the school district and township before the scheduled court date, there may not be any action to intervene in.

                It doesn't seem fair.


 

 

 

 

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