"A Unified Voice is the Strength of a Community"

    (Our apologies for links that aren't linking!  We hope to have the issue resolved soon.  Please send a note to concerne@savekardonpark.com, if you click on a non-working link.  Thank you!

    Below are links to briefs and opinions from the East Caln conditional use hearing.  Note: these are large files.

    1.  March 2, 2015 East Caln Supervisors' Opinion granting a Conditional Use permit to Sarah Peck, J. Loew, and the Borough of Downingtown

    In the Court of Common Pleas:

    2.  Ann Feldman's Appeal of the East Caln Supervisors's decision

    3.  Sarah Peck's, J. Loew's, and Borough Council's Brief in Opposition to Feldman's Appeal

    4.  Kim Mfg's Brief in Support of Feldman's Appeal

    5.  July 28, 2015 OPINION AND ORDER OF JUDGE TUNNELL Affirming East Caln's Decision and Denying Feldman's Appeal (see note below)

    In the Commonwealth Court:

    6.  Feldman's Appeal to the Commonwealth Court 

    7.  Kim Mfg Brief in Support of Feldman's Appeal

    8.  Sarah Peck's, J. Loew's, and Borough Council's Brief in Opposition to Feldman's Appeal (see note below)

    9.  Sept 2015 Opinion of Judge Tunnell in response to Feldman's Statement of Issues (in which she alleges plagiarism)

    10.  Feldman's Brief to the Commonwealth Court 
    (to be filed if money is raised.  Otherwise, the appeal will be dropped, and the Developer and Borough will win and use the park for the East Caln housing development, and that will be the end of it.)

    NOTE:  Compare the Borough's/Developer's brief (#8) to Judge Tunnell's decision (#9).  They're essentially identical.  Judicial plagiarism?

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    See the September 10th hearing in Commonwealth Court here

    BOROUGH PORTION OF KARDON PARK:

    2006        Borough advertised to find a developer who wanted to build high-density housing on Kardon Park

    2007        Agreement of Sale signed between the Borough and two co-developers, Progressive Housing Ventures (Sarah Peck) and Southdown Homes (Jack Loew)

    2008        Friends of Kardon Park was formed as a citizen’s group

    -        Borough granted developers a Conditional Use Permit (what they need to build this type of housing that is not normally allowed and needs special permission)

    2009 - Friends of Kardon Park incorporated as a non-profit and filed suit against the Borough for selling the public park

    -        Kim Manufacturing (a company adjacent to the park) also filed suit against the Borough

    -        Ann Feldman (president of Friends of Kardon Park) won the election for a seat on Borough Council (there are six council members)

    2010 - WE WON in Orphans’ Court!  Judge Platt ruled the park cannot be sold

    -          Council approved the warning signs now along the trail in Kardon Park

    -        The Borough (using taxpayers' money) and Progressive Housing filed an appeal with the Commonwealth Court

    -        Arguments were heard February 15, 2012.  A decision is anticipated around August 2012

    COMMONWEALTH COURT RENDERED ITS DECISION AUGUST 2012, which stated:                                      1. The lower portion of Kardon Park that is on Pennsylvania Avenue and contains the Crime Victim's Memorial CANNOT BE SOLD OR DEVELOPED.

    2. The parcel between Kim Mfg CAN BE SOLD or USED 

    3. The parcel that contains Second and Third Lake CAN BE USED FOR EASEMENTS (utility, construction, and stormwater)

    4. The 14-acre parcel in East Caln containing 4th Lake CAN BE SOLD or USED


    EAST CALN PORTION OF KARDON PARK:

    But wait, there’s a northern part of the park that is just across the East Caln border.  There are two parcels -- a 14-acre parcel that is public parkland and a 7-acre parcel that has not been used for public parkland.  Sale of the 7-acre parcel has not been contested.-        

    The developers apply to East Caln for a Conditional Use Permit to build 70 housing units on the 7-acre parcel

    -        Friends of Kardon Park finds out they are planning to use approximately 14 acres of the adjacent parkland (that the Court said can NOT be sold) to fulfill the proposed development’s stormwater management and open space requirements.

    -        The East Caln supervisors granted the Conditional Use Permit

    -        Ann Feldman appealed their decision to Common Pleas Court arguing the supervisor’s made a mistake, and the permit should be denied

    June 2011 -Judge Nagle affirmed the Supervisors’ decision

    -        Ann Feldman appealed Judge Nagle’s decision to the Commonwealth Court.  Tentative argument date set for May 15, 2012.

    And the saga continues:

    -        The Borough petitioned Judge Platt as to whether or not they needed court approval to allow the developer just to USE the parkland for stormwater management and open space.

    -        Judge Platt ruled (in their favor) that they do not need to get the Court’s permission to USE the park so long as it doesn’t impact it’s current use as a park

    -        Friends of Kardon Park and Ann Feldman apealed Judge Platt's decision to the Commonwealth Court.  An argument date has not been set, yet.

    -        The Borough decided to re-advertise the property for sale so the developers could get a lower price (it was lowered by approximately $1.5M).  This was done because the developers had incurred unexpected legal fees

    -        (as an aside, the Borough passed anordinance [local law] that they do not have to comply with any zoning regulations.  In other words, they’re above the law and can vote to build whatever they want on borough-owned property [such as a park] so long as it’s for municipal or civic purposes.  Scary.)

    -        Dec 21, 2011, the Borough voted to sign the new Agreement of Sale


    THE PRESS

    Daily Local News Articles

    2010 - sorted with most recent at the top

      • July 9, article - Council debates length of grass in Kardon Park (video)
      • July 8, article - Feldman to appeal decision to develop Kardon Park
      • July 6, article - Township OKs plan for homes in park
      • July 1, article - East Caln delays Kardon Park ruling
      • June 22, opinion - Leap of logic or leap to conclusions?
      • June 10, article - Briefs filed in Kardon Park use hearing
      • May 25, opinion - Consider facts in Kardon Park case
      • May 10, article - Official challenged at Kardon Park hearing
      • May 4, article - Kardon Park conditional-use hearing pushed back
      • May 2, article - Township to send testimony to DA for investigation
      • Apr 25, article - Park group drops out
      • Apr 11, article - Perjury question arises amid talks about Kardon Park
      • Apr 9, article - Councilwoman accused of perjury
      • Apr 6, article - Group's status at Kardon Park hearings in doubt
      • Apr 5, article - Party status still in question for Friends of Kardon Park
      • Mar 16, article - Party status a plus for Friends of Kardon Park
      • Feb 7, article - Hearing continues for Kardon Park plans
      • Feb 3, article - Conflict claim takes stage at Kardon Park hearing
      • Jan 8, article - Kardon Park group's status still uncertain

    2009

    • Jan 4 "Sound Off"
    • Jan 6 opinion - The last straw on Kardon Park
    • Jan 12 article - Zoning revision for Kardon Park passes
    • Jan 13 opinion - Compromise key to Kardon solution
    • Jan 13 opinion - Oversight on park at heart of turmoil
    • Jan 25 opinion - Kardon Park belongs to the citizens
    • Feb 7 article - Group sues to halt development plans at Kardon Park
    • Feb 10 article - County court judge may have to settle Kardon Park case
    • Feb 13 opinion - Supports proposal for Kardon Park
    • Feb 21 opinion - Borough needs park's open space
    • Apr 20 article - Officials to make decision on project within 45 days
    • Apr 20 article - Borough seeks clear deeds for Kardon Park
    • Apr 20 opinion - Plan for Kardon Park has several obvious benefits
    • Apr 27 opinion - Group responds to park coverage
    • May 1 article - Developer optimistic about new homes despite lawsuit
    • May 1 opinion - Why I support Kardon Park Plans
    • May 19 article - Judge to hear Kardon Park title case
    • July 4 article - Downingtown approves Kardon Park request
    • July 6 article - Borough officials clear about plans for Kardon Park
    • Nov 5 article - Feldman's win puts Kardon Park issue in spotlight
    • Nov 11 article - East Caln enters Kardon Park debate
    • Nov 12 article - Kardon Park group blocked from party status at E. Caln hearing
    • Nov 23 article  - Park Board member's status questioned for appeal
    • Dec 16 article - Officials side with neighbor of park
    • Dec 26 article - Kardon Park documents different
    • Dec 31 article - 2009: A year to remember

    2008

    • Oct 9, article -  Consultants present Kardon Park plans to residents
    • Oct 16 opinion - Get Involved Save Kardon Park
    • Oct 17 opinion - Concerned about plans for park
    • Nov 11 article - Residents petition council about Kardon Park plans
    • Dec 12 article - Resdients object to continued Kardon Park hearing