West Pikeland, USA - The Board of Supervisors unanimously agreed to sign off on a litigation settlement with a Hindu sect that has had previously proposed to build a temple within the township during a special meeting on Thursday.
The Adhi Parasakthi Charitable, Medical, Educational and Cultural Society of North America (ACMEC) filed a request to dismiss its case against the township with federal court on Thursday and has agreed not to refile the case as a part of the settlement agreement.
ACMEC had brought the litigation against the township after it essentially denied the sect from building a proposed 26,370-square-foot temple and a 9,100-square-foot auxiliary building on the property in the 14000 block of Conestoga Road.
Under the settlement agreement, ACMEC may submit another conditional-use application and start the process over from scratch. Judge J. Curtis Joyner, of the U.S. District Court for the Eastern District of Pennsylvania, ruled during the summary judgment of the litigation that the temple could be denied by the township as proposed.
The original deed for the property is marked with cross-hatched areas and a restrictive covenant on the property indicates that nothing can be "constructed" inside those areas. The proposal by ACMEC had slated for part of the septic system to go in that area, and Joyner ruled that all the work needed to install the septic system does constitute construction.
"The judge confirmed what this board had already decided," Township Solicitor Guy Donatelli told members of the public on Thursday.
Joyner also ruled in his summary judgment that a portion of the township's zoning ordinance was too
vague and thus constituted prior constraint on ACMEC. Therefore under the agreement, the township is amending its ordinance to comply with the judge's ruling. Currently, the amendment is in draft status and will be given to the planning commissions of both the township and Chester County as well as ACMEC's attorney, Donatelli said.
The settlement motion made by the township said the board will allow any party to give suggestion, but "the township has no obligation to include any suggestion that any interested party, including ACMEC, may offer. ACMEC has no veto power over the language of the ordinance."
"All we are doing is responding to exactly what the courts criticized," said Board of Supervisors' Chairman Ernie Holling. Under the settlement agreement, the township is not seeking reimbursement by ACMEC for fees from the previous conditional-use proceedings or sanctions imposed by the court. The township's risk-sharing pool, Pennsylvania Intergovernmental Risk Management Association, has agreed to pay ACMEC $150,000 for a portion of legal fees associated with dismissing the case as a part of the settlement.
Joyner ruled in his summary judgment that a few issues of alleged discrimination by the township against ACMEC had to go to trial for a jury to determine facts. Those issues are dropped as a part of the settlement.
The township said in a release late Thursday night that it "steadfastly" disagrees with allegations of prejudice and that it "treated ACMEC in a fair and just manner" like it would any other applicant.
ACMEC attorney Richard Lipow previously told the Daily Local News that he and his clients were pleased with the settlement and "looking forward to building their temple after they go through the land-use process."