A Telford developer hoping to build a townhouse community along Montgomery Avenue in Pennsburg is suing Pennsburg Borough Council. The suit, filed last week in the Montgomery County Court of Common Pleas, claims that municipal officials improperly rejected his proposed subdivision plan for the property at 704 Montgomery Avenue.

            The lawsuit – filed April 11 by Hendricks Group Developers, LLC – argues that because the borough did not cite any specific reason for its decision, the court should rule that the revised subdivision plans should be deemed to be approved by virtue of two sections of the Pennsylvania Municipal Planning Code. The court paperwork states that since council is the only authority regarding land development in the borough, the developer has no other options for legal remedies.

            On June 9, 2021, Administrative Manager Lisa Hiltz sent a letter to Tim Hendricks, listed in the lawsuit as the managing member of Hendricks Group Developers, informing him that his waiver on a decision by council to approve land development plan for the construct 50 residential units on the former Kline Property would expire in three days.

            It also states that council has unanimously denied his waiver and formally rejected his plan submission. Additionally, the letter states that substantial plan revisions and at least another extension would be required.

            Nearly two years ago, the plaintiff submitted a subdivision plan for the project – most recently identified by municipal officials as Deerfield Land Development. The May 12, 2020 plan called for 48 townhouses and two single family units, as well as two open space lots, roadways, curbs, sidewalks, utilities and stormwater facilities, according to the court document.

            The developer submitted a revised subdivision plan Dec. 28, 2020. Seven months later, Pennsburg council voted to reject a three-month extension offer by Hendricks, according to the court paperwork.

           Hendricks Groups Developers purchased the 5.09-acre parcel from Stanford L. Large Jr. for $255,000 last August. Six years earlier, Large purchased it from the Affinity Bank of Pennsylvania for $120,000.

           The bank acquired the property from TH Properties LP, Hendricks' former company, in March of 2012. THP bought it from Barry and Bonita Kline for $1 on June 15, 2007, according to information posted on the Montgomery County Property Tax website.