County judge's ruling regarding proposed Quaker Valley High School appealed to state court by Leet residents
A pair of Leet residents has filed an appeal of an Allegheny County judge’s ruling regarding a proposed Quaker Valley High School.
Senior Judge Joseph James removed a roadblock for the district to move forward with its plans for an estimated $100 million school in late November.
But attorney Louis DePaul filed an appeal Dec. 22 on behalf of residents William Jasper and Michelle Antonelli, who were petitioners and participated in a legal battle in support of the Leet Township Zoning Hearing Board’s original decision last February to deny the district a special exception for the 167,000-square foot project.
When reached Jan. 4, DePaul said he could not comment on the pending appeal.
Jasper released a statement via email to the Tribune-Review about why they want a state court to take a look at what they called a “failure” by the county court system.
“We disagree with the application of law in the court’s ruling and its resultant failure to address the health, safety and welfare of downhill neighbors, pedestrians, commuters, and occupants of the proposed high school,” Jasper said. “The decision simply kicks the can to the next level of municipal volunteers who are under-resourced and unfamiliar with projects of this scope.
“No-one seriously doubts the need for a new high school. However, the Leet site is inherently flawed due to its added development cost and potential for catastrophic loss.
“If the school board is unwilling to face the scrutiny of a taxpayer referendum, we think a favorable higher court ruling is required to re-direct attention to a wiser solution.”
The Leet Zoning Hearing Board’s denial was largely due to the district’s plan not having an emergency access road to and from the property.
District officials declined to amend their application, and said such issues were more appropriate as part of the land development approval process.
The proposed school would be on part of 150 acres of land off Camp Meeting Road. It straddles Leet Township, Edgeworth and Leetsdale. About 650 students would eventually be enrolled.
The district filed its appeal of the board’s decision to county court in April, which ruled in Quaker Valley’s favor on Nov. 28.
Judge James said in his opinion that the board cannot demand such a requirement because the township zoning ordinance does not include any such criteria for a special exception.
Leet’s zoning hearing board voted 2-0 at a special meeting Dec. 22 not to file an appeal of its own. Board member Chuck Soman was absent.
Chairman Terry Soster said several times at the meeting that he and his colleagues were in favor of having a new school, and their concerns were about safety and land use.
Zoning hearing board Solicitor Vince Restauri said he and the board were made aware of the appeal by the petitioners, and do not plan on joining them in their fight.
“We got a notice of appeal a day or two before our last meeting,” Restauri said on Jan. 4. “The board didn’t mention anything about supporting or not supporting that appeal during that meeting. I think the board is going to remain completely neutral for reasons that we explained.”
School directors voted 8-0 at a special meeting Dec. 21 to approve the proposed school’s floor plans crafted by BSHM Architects and Bohlin Cywinski Jackson Architects. Board member Daniela Helkowski was absent.
District officials at the time said they were not concerned with potential appeals of Judge James’ ruling, and pledged to continue with the project’s design phase.
District Solicitor Don Palmer confirmed via email Jan. 4 that Quaker Valley did receive notice of the petitioners’ appeal. He also expressed confidence in moving forward with the future school.
“We are confident that Judge James’ opinion accurately reflects and relies upon well-established (state) law on zoning/special exceptions and is consistent with prior law,” Palmer said.
The cost of the school may to go up due to inflation. New financial projections may be a part of the next public project update later this month.
District officials have not confirmed plans on what will happen to the current high school once the new one is ready for students.
The next school board legislative session is scheduled for 7 p.m. Jan. 17 at Edgeworth Elementary.
Michael DiVittorio is a TribLive reporter covering general news in Western Pennsylvania, with a penchant for festivals and food. He can be reached at mdivittorio@triblive.com.
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