Offsite sidewalk construction condition could fail with withdrawal

            Upper Perkiomen School District officials are prepared to withdraw their conditional land use appeal against Upper Hanover Township related to the proposed construction of a new middle school on Montgomery Avenue.

            Last week, the school board voted 8-1 to approve giving the Whitpain law firm handling it the authority to pull the appeal and end the challenge.

            Only Raeann B. Hofkin moved against the resolution, which would allow a representative from Wisler Pearlstine, LLP to confer with Superintendent Alexis McGloin to end the land use appeal in the event that it "cannot be amicably and timely settled."

            Last month, the school board approved a settlement stipulation related to its land use appeal against the township. District officials declined to release the details of the agreement, which required the approval of Upper Hanover's Board of Supervisors.

            According to Solicitor Ken Roos, the April 6 vote does not neutralize the district's settlement stipulation, which was approved March 9. He said after the public meeting that Upper Hanover officials, who have not yet voted on the stipulation, could decide to accept or reject it.

            Following the meeting, Hofkin explained that she voted against the resolution "because of something that was said during an executive session" on the issue.

            "I'm just not comfortable with the situation," she said. "I believe everybody wants sidewalks, but how we get them is the issue."

            Several parties have filed a motion to intervene in the case before Montgomery County Common Pleas Court Judge Thomas DelRicci.

            On March 30, lawyers for Pennsburg Borough, and three Montgomery Ave. residents looking to participate in the hearing made their case in a hearing before DelRicci.

            The judge has deferred making a decision until April 24, according to Roos.