Delco town: Developer wasn't misled on Archdiocese land deal

Rebutting claims that they deceived a local developer by falsely assuring him he could build on a vast piece of Archdiocese of Philadelphia-owned land, Marple Township officials said in a court filing that they made no such guarantees.

Responding to Jenkintown developer Bruce Goodman's 269-page lawsuit, township attorney Hugh A. Donaghue said in a Delaware County Court filing of preliminary objections Friday that Marple authorities never took any official action that could have allowed Goodman to believe he had the green light to build a sprawling development on the land.

Last month, Goodman sued the Delaware County municipality, claiming he was cheated out of $7 million after Marple officials privately "expressed support" of his plans to build on the swath, reassuring him that "they were prepared to adopt" the zoning changes he needed.

In 2014, after a fierce bidding war, Goodman entered into an agreement to purchase the 213-acre plot of Marple land from the archdiocese. With its trust-and-loan account underfunded by $80 million, the Catholic Church sought a bidder who would pay a steep price. It required a $5 million nonrefundable deposit.

Goodman bid $47 million and paid the deposit. Then, he contends, he approached Marple representatives, knowing he needed a change in zoning. In turn, Goodman's attorneys claim, Marple officials privately told him that they were on board.

Those private assurances, Goodman's attorneys said, were enough to make him believe that the township was on his side - so much so that he began planning for his development - designed to be a complex with nearly a million square feet of retail and business space, and more than 300 townhouses. He began discussions on lease agreements with major retailers, including Wegmans, he said, and commissioned nearly $2 million worth of studies on the impact of the development.

In their filing last month, Goodman's attorneys claimed that Marple commissioners told the developer on at least one occasion that they were "really excited" about the development and were "prepared to work with [him] to see it accomplished."

But then, in May, the commissioners changed course, Goodman's attorneys said. Publicly, they told a roomful of residents - many of whom opposed the plans - that they would not support the zoning changes, making Goodman's ability to build virtually impossible.

In its filing, the township argued that no official assurances were ever made. It also said Goodman's complaint missed the time limit to appeal zoning decisions under the state's Municipal Planning Code.

The township did not say whether any promises had been made in private.

"Nowhere in [Goodman's] complaint is there an allegation of any official action by the township," Donaghue said in the filing.

And "nowhere in [Goodman's] complaint is there an allegation that the Board of Commissioners told [him] to enter into a contract with the archdiocese . . . [or] to agree to a nonrefundable $5 million deposit."

Reached by phone, Goodman declined to comment. Goodman's attorney, Marc B. Kaplin, could not immediately be reached.

Source: Philly.com