First court date set in appeal of Leet zoning board denial of proposed high school

A status conference has been scheduled in Allegheny County Courts as legal teams both for and against a proposed Quaker Valley high school prepare for the next legal challenge.

The school district wants to build an estimated 167,000-square-foot facility on about 150 acres of land off Camp Meeting Road. Project costs were estimated between $90 million and $100 million.

The property straddles Leet, Edgeworth and Leetsdale. About 650 students would eventually be enrolled.

The issue is that Leet’s zoning hearing board on Feb. 9 denied the district’s special exception application.

Its decision and findings of fact, along with other related documentation, were posted on April 26 on the front page of the township’s website, LeetTownship.org.

Quaker Valley’s 45-page appeal was filed in Allegheny County Court on April 12. Its documents were also posted on the township’s website.

The status conference was set for 10 a.m. June 16 before Court of Common Pleas Judge Joseph James.

ZHB solicitor Vince Restauri said it is expected to be virtual with the goal to set the stage and date for an appeal hearing.

“Judge James is going to ask us questions about the case and try to give the entire case some direction going forward,” he said. “It is not a situation where it is anything other than that. It is just as it’s called, a status conference.”

Attorney Lou DePaul represents a pair of area residents who are in favor of the ZHB’s denial.

They have filed a petition to intervene in the matter.

DePaul declined to speak on the ongoing litigation and referred to the petition for further comment.

Petitioners’ claims include “the proposed use is dangerous, injurious, and noxious to property and persons within Leet Township; the proposed location is not more suitable than other properties in Leet Township (and) the proposed location is objectively not suitable,” according to court documents.

“The record also plainly demonstrates that the school district’s proposed use of the property would adversely and detrimentally affect the health, safety, and welfare of the community, in further violation of the (zoning) ordinance,” the petition read.

The main reason the ZHB denied the district’s application involved creating an emergency access road for police fire and EMS.

District officials had said they did not object to the idea, but that it would be more suitable in a land development plan and not an exception application.

The district filed a response consenting to the petition to intervene, and had a request for the court.

“The issues to be addressed by the court are defined as only those issues raise in an appeal,” the response read. “The only appeal of record is from the denial based on the lack of an emergency only road, hence that is the only issue before the court.

“Further, petitioners did not introduce any evidence during the hearing which supports a finding that the proposed use would, to a high degree of probability, result in an adverse impact not normally generated by a school use, and that any such impact would pose a substantial threat to the health, welfare and safety of the community.”

District solicitor Don Palmer did not respond to repeated messages seeking comment.

Work continues

Meanwhile, other administrators, engineers and designers continue to work on the project.

Architects at the April 26 school board highlighted community engagement that took place the past year or so, and showcased some conceptual drawings of the school.

The preliminary plan for the school would use about 48 acres for the building and grounds. The site already has 10 acres cleared, but the district wants to leave a lot of existing growth as a buffer.

A site tour is being planned for later this summer.

Charlie Gauthier, district director of facilities, said he is confident in Quaker Valley’s efforts to make the dream of a new school come to fruition.

“We are glad the process is moving forward,” he said. “This status conference is the first step. While we wait for the court to reach a decision, our team of architects and engineers continue to work on the project.”

The Allegheny County Court’s decision could be appealed to a state appellate court.

Quaker Valley has given project updates at previous school board meetings as well through the Blueprint QV section of the district’s website, qvsd.org.