Cheltenham’s controversial $4.5M pool project can proceed despite bidding rules allegations, judge says
A Cheltenham resident has vowed to appeal after a county court ruled against his injunction to halt a public pool project over the township's leasing of the land to a private developer.
A judge has denied a Cheltenham resident’s injunction request over allegations that the township violated public bidding rules to build a new, multi-million dollar public pool complex.
Sam Thacker filed for an injunction to halt the controversial project in July alleging that the township had violated public bidding rules by taking 2.7 acres from a private developer for free and leasing the land back for $10 per year for that developer to build a pool complex for up to $4.5 million.
The pool would be part of a larger development of the former Melrose Country Club that includes townhouses, a medical center, and commercial space.
The written denial Judge James Bucci issued Wednesday did not include his reasoning, but Thacker said he recalled the judge saying in court that he rejected the injunction because Thacker did not have standing to sue.
“I’m extremely disappointed,” said Thacker, 41, who is representing himself in the case. “Taking off of work is really burdensome.”
He plans to appeal.
“I feel very strongly that going to trial, I will win,” Thacker said.
He had hoped an emergency injunction would stop the project before the township’s deadline to approve a final plan for the pool project at the end of this month under the terms of the ground lease.
Cheltenham Township did not immediately return a request for comment, and has repeatedly declined to share legal reasoning for the ground lease process. But in court filings, Cheltenham has pointed to financial assessments for other township projects, such as renovations to Conklin Pool — which the Melrose pool is replacing — as evidence that the township has satisfied the exception to bidding requirements.
Chris McCabe, a construction and public contracts lawyer who’s been following the case but is not involved in the litigation, said he was surprised by the result.
“There’s a long line of cases saying the taxpayer has standing to challenge an irregularity in the bidding process,” McCabe said.
And although Melrose Pool LLC is building the public pool under the terms of the ground lease with the township, “the lease is nothing more than a contract for construction of a public work disguised as a lease,” the lawyer added.
“The whole transaction has the appearance of collusion, impropriety, and favoritism, which is what the public bidding laws are designed to prevent.”
Although some Cheltenham residents have said they’re happy at the prospect of a new pool, the larger Melrose project has also drawn scrutiny.
A unanimous letter from the township’s planning commission dated July 27 expressed strong disapproval of changes to the project that eliminated a planned community center and some retail space, calling the alterations “a huge surprise.”
“We cannot emphasize enough how poor these modifications are,” the five members wrote. “The Planning Commission does not support this development in its current configuration.”
Inquirer Greater Abington
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