Judge rules in favor of Quaker Valley School District on high school construction project

An Allegheny County Common Pleas judge on Nov. 28 ruled in favor of Quaker Valley School District’s plans to build a new, $95 million high school.

Senior Judge Joseph James issued his six-page opinion overturning the Leet Township zoning board, which in March refused to grant a special exception for the 167,000-square foot project.

“The board erred in denying QVSD’s application,” James wrote.

In his opinion, he said that Leet’s zoning ordinance expressly permits a special exception for school construction.

“We are very pleased that Judge James reversed the decision of the Zoning Hearing Board and ordered that the special exception is granted,” said district solicitor Donald J. Palmer. “The zoning process was arduous and exceedingly lengthy, and we are happy that the district’s position has been upheld. Like so many people in the community, we look forward to proceeding with this important project.”

The district applied for the exception to build on part of a 108-acre parcel in an area zoned residential, but the township and property owners nearby objected. The property straddles Leet, Leetsdale and Edgeworth.

Among the concerns raised were that Camp Meeting Road, the main access to serve the school, is already congested.

The zoning board held 11 hearings between June 2021 and February 2022. During that time, the zoning board expressed concern that with the additions of student drivers and school buses, first responders would be delayed in reaching the school in an emergency.

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Using that as their rationale, the board voted against the proposal, finding that had the district agreed to include construction of an emergency-only road, it would have approved the application.

“The board found that based upon the testimony, it was an abnormal risk for a school not to implement an emergency management plan that included an emergency-only road if reasonably recommended by first responders,” James said.

However, during the zoning hearings, the judge noted, no experts in emergency management testified.

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.

“The board has no jurisdiction regarding road design,” he wrote.

Further, James said that there is no record in the evidence that the failure to include an emergency-access road poses a substantial threat to health and safety.

“The board’s finding regarding emergency access was based on speculation with no foundation in the record,” James wrote. “The court recognizes that implementing an emergency plan is a legitimate concern to members of the community. However, the emergency-only road is a matter to be addressed as part of the land development process, not zoning use approval.”

School board member Gianni Floro, facilities and operations chairman, said he and his colleagues appreciate Judge James’ decision and look forward to continuing their work on the project.

“I’m very thankful that the court ruled the way that it ruled,” Floro said. “We suspected that that was the way he was going to rule because that was the way the case law guided us in this case as well. Safety was never questioned as an issue because we would always do what’s best for the students and the community. This was about the zoning process only. We have a great deal of work ahead of us to advance this project.”

Floro said the project is still in its design phase, and next steps include crafting and submitted plans to the township’s planning commission.

“Hopefully, we see the process continue to move forward,” Floro said. “Hopefully in a more expeditious fashion than what we experienced in the zoning hearing board process.”

It was unclear when there would be another public update.

“This decision has been a long time coming and is a positive step forward for our students, staff and community as we embark upon one of the most significant projects in Quaker Valley history,” district superintendent Dr. Tammy Andreyko said. “We have tirelessly advocated to build a school that provides an innovative learning environment that better meets the needs of all students while offering a safe and healthy facility. We could not have persevered through this process without the steadfast support of our community members; we extend our sincere thanks to all those who believe in the future of Quaker Valley.”

Vincent Restauri, the attorney who represents Leet Township and the others who objected to the construction, did not immediately return a call seeking comment.