A judge is preparing to decide whether disputed mixed-use plans for the ailing Exton Square Mall can advance. But a verdict likely won’t come soon, and the developer who filed a lawsuit last year says he is seeking to resolve the matter outside of court.
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Abrams Realty & Development’s master plan proposal for the 75-acre site was the subject of a hearing Wednesday at the Chester County Justice Center in West Chester in front of Judge Sarah Black.
The developer sued the West Whiteland Township Board of Supervisors in November after it rejected the plan. ARD aims to build 700 residential units alongside 280K SF of retail.
ARD’s attorney, Kaplin Stewart principal Marc Kaplin, spent hours railing against the body’s decision before the municipality’s lawyer, Kilkenny Law's Alex Baumler, argued that it had the right to make it.
“We’ve demonstrated that every objective requirement has been satisfied,” Kaplin said of the ordinances governing the mixed-use town center zoning district.
His argument relied heavily on emails and statements from West Whiteland Planning Director John Weller that confirmed Kaplin’s interpretation. Weller said last year that he was also surprised by the rejection.
The board had just two members at the time, Rajesh Kumbhardare and Brian Dunn, who are both named as defendants in the suit. They expressed concerns about the impacts the project could have on the township’s sewer capacity, emergency services and road congestion.
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Kaplin read the written justification, which says the developer failed to show how the density increase would serve the township's interest, and he complained that the reasoning was “nebulous.”
Baumler argued that this was the board’s last chance to address these concerns raised by many of their constituents, since the land development process that follows the master plan is more technical and limited in scope.
“All these impacts have a long-term ripple effect that the township needs to consider,” the attorney said.
“I don’t think the board was unreasonable,” he said, adding that the board is “not a rubber stamp.”
Baumler also said Weller's statements were “simply an opinion” and were narrowly focused on interpreting the township's zoning code.
Black said it was unfortunate that the two parties couldn’t resolve the dispute independently. She floated the idea of the board advancing the master plan to the land development stage with a series of conditions that could at least partially allay Kumbhardare’s and Dunn’s concerns.
The judge is now working to render a verdict, but Black said it likely won’t come soon due to her heavy caseload. There is no firm timeline for a decision.
Kaplin said the development team’s efforts to meet with municipal officials have been rebuffed so far, but ARD founder Peter Abrams would still like to see that happen.
“I’m hopeful that we’ll be able to get in a room and have a meeting and make a deal that the township is happy with,” he told Bisnow after the hearing.
“The facts are really clear, and I think Marc did a great job of articulating it and explaining it to the judge. I think she gets it.”
CORRECTION, APRIL 9, 9:40 A.M. ET: A previous version of this story included the wrong title for Planning Director John Weller.
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