Playing Taps For The Cemetery

God, this is depressing. And infuriating.

In this post, I noted that a group of Upper Makefield, PA residents had forced another delay to postpone the hearing finalizing the land transfer that would have cleared the way to build the VA cemetery in that township (Above Average Jane has a good backgrounder here that I probably should have linked to prior to now). I noted on the 19th that the whole deal looked shaky since the hearing had been rescheduled to Nov. 1, the same day the builder and the VA require preliminary and final land development approvals.

Well, those same 16 idiots in Upper Makefield who forced the delay filed suit yesterday, suing Upper Makefield, adjoining Newtown Township and Newtown Township’s Zoning Hearing Board. Apparently, they have such a grudge against Toll Brothers (who would have built 170 homes on the property adjoining the cemetery, which was part of the deal all along) that they decided to scuttle the veterans’ cemetery in the process with their action (and the cemetery would have been the best possible use for the property adjoining the homes...the Toll Brothers theory is speculation on my part, though, I hasten to add).

I can’t possibly see how the cemetery deal will get done now. I really can’t. Who knows how long this will be in litigation.

As the Courier Times story notes…

The plaintiffs had been parties to a challenge that (Leo Holt, the Newtown Township land owner who would preserve the 40 acres that weren’t developed by Toll or used for the cemetery as part of the deal) had filed in 2006 with Newtown Township’s zoning board. Holt dropped the challenge in June, and attorneys at that time said the parties had no legal standing to continue.

Attorney William Wall, who chairs the zoning hearing board, echoed that sentiment Tuesday, as did Newtown Township solicitor Paul Beckert.

“They simply joined as additional parties, therefore their standing would be what’s called derivative,” Beckert said. “Your rights are only as good as the party you’re joined with.”

But (Attorney Darrell Zaslow, representing the 16 knuckleheads) argued that the hearing should continue and a decision rendered.

“Their claim of termination was improper,” Zaslow said Tuesday of the zoning board. “If the court directs that the stay is to be honored, then they can take no further action and all action taken up until now is void.”

The gripe from these 16 appears to be that development was scheduled to proceed despite the “procedural issue” of Holt dropping his challenge while these clowns have not a leg to stand on with him. As I read through these stories, I honestly can’t find any other substantive issue these people may have.

But somehow, I have a feeling that this will give the VA all it needs to decide to develop the Pennhurst site instead for the cemetery in Repug Jim Gerlach’s district (U.S. PA-06).

I realize that, ultimately, the issue here is the best final resting place for those who have served this country. And the Dolington tract in Upper Makefield is a better site, and it would also be cheaper to develop than Pennhurst, which has buildings that must be demolished and related cleanup work to be performed before the project is completed (as noted here).

But it is positively beyond belief how 16 individuals could be so crass and arrogant as to engage in this legal nonsense and derail a project that has been planned, worked on and fought for by so many enduring so much for so long.

As the story notes, three of the 16 plaintiffs are Jane and John Johnson and Carol Stuckey. If any Bucks Countians who may be reading this happen to interact with these people, please give them my appropriate regards.

And right about now, I have a feeling Gerlach is starting to chill the champagne.

Update 10/18: This clears another hurdle, but to me, the lawsuit from the Upper Makefield numbskulls still casts everything in doubt.