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Arcadia Green Three Peat: Sues Newtown Again!

Arcadia Green Three Peat: Sues Newtown Again! | Newtown News of Interest | Scoop.it

Newtown Township supervisors denied Arcadia at Newtown Holdings’ proposal for a 76-home development off Buck Road and the Newtown Bypass in November (read “Arcadia Green PRD Three Peat: Denied Again!”), but the developer argued in a recent appeal the plans actually are approved because it did not receive a signed, certified copy of the decision within an allotted timeframe.

 

The rule of three has held true — a prospective Newtown Township developer has submitted three plans for homes, denied through three votes by supervisors over a three-year period.

 

And, for the third time, Arcadia at Newtown Holdings has gone to county court to contest the board’s denial.

 

But in its most recent appeal, filed Dec. 21, the Philadelphia-based developer argued that Newtown Township actually has approved its plans for a walkable 76-residence community on 21.47 acres off Buck Road and the Newtown Bypass. Arcadia attorney John VanLuvanee said his client did not receive a signed copy of township supervisors’ unanimous “no” decision within the required window, according to court documents. Without a decision by the deadline, the plans are approved by default, the developer argued in the appeal.

 

Arcadia presented its plans to supervisors over four planned residential development hearings between early August and late September, and the board voted down the project Nov. 14, within a 60-day window expiring Nov. 25. Though township Solicitor David Sander mailed the decision to VanLuvanee on Nov. 24, Arcadia contends the document was not certified, and supervisors did not approve it at a public meeting until mid-December.

 

If the court upholds the board’s vote, VanLuvanee said a referee should be appointed to receive additional evidence to review in determining whether supervisors acted in “bad faith” voting at all.

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Newtown News of Interest
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