Federal Court Dismisses BLCC Lawsuit
MERC rezoning upheld
On December 10, 2018, the U.S. District Court for the Eastern District of Pennsylvania dismissed all counts in the legal complaint that Broomall’s Lake Country Club had filed against Media Borough Council and individual Council members.
BLCC had sued Media Borough Council in response to the Council’s consideration of an ordinance to preserve 12 acres of open, green space by rezoning the BLCC property from Residential (R-2, R-3) to MERC (Municipal, Educational, Recreational, and Community).
The Club’s lawsuit contended that the Council had violated its rights under the U.S. Constitution’s First, Fifth, and Fourteenth amendments and also under the Pennsylvania Constitution. BLCC specifically accused Borough Council of violating its rights by “acting in retaliation” for previous BLCC litigation against the Borough related to the reconstruction of Broomall’s dam.
The Court found that Borough Council “had complied with the law” in the consideration of rezoning the Broomall’s tract, that BLCC’s challenge to the proposed zoning ordinance was “premature,” and that the Club had failed to substantiate its claim that Borough Council had engaged in a “practice and pattern of retaliation” that was in any way related to the consideration of the rezoning ordinance.
Since BLCC may appeal the District Court’s decision, the matter is not yet resolved in finality.
Keep Media Green is hopeful that the Court’s definitive ruling will persuade BLCC’s leadership to forego further litigation and return to negotiation with Borough Council.
Media Borough Council has presented a plan that would ensure the preservation of the Broomall’s tract as open space while simultaneously ensuring the financial stability and long-term sustainability of the Club as a private recreational facility.
A win-win solution is possible, let’s get reasonable people back to the table and get it done.