Chadds Ford faces lawsuit

Ridge Road Development has filed a lawsuit against Chadds Ford Township for what it claims is a “breach of obligation.” The suit claims that Chadds Ford failed to execute necessary documents so that Ridge Road could move forward with plans to build a shopping center at Route 202 and Ridge Road.

Ridge Road Development L.P. is the division of Pettinaro Construction wanting to build The Shops at Ridge Road. The location is in Concord Township, but it abuts Chadds Ford, and part of the plan has included widening Ridge Road to six lanes.

As previously reported, part of the approval from 2008, both Concord and Chadds Ford townships had to sign off on a highway occupancy permit to improve stormwater management. Chadds Ford did so. However, construction delays prevented Ridge Road from building the improvements, so it did not meet a May 2019 deadline.

According to the court filing, PennDOT then authorized an extension, but that was revoked six days later when Chadds Ford told PennDOT it did not agree. The court paperwork also said that getting a letter from PennDOT about revocation was the first time Ridge Road learned of Chadds Ford’s decision.

Ridge Road is charging Chadds Ford with a breach of obligation: “… the township’s breach of its obligations to execute the necessary documents for the issuance of the Chadds Ford HOP is impeding Ridge Road’s ability to construct the Roadway Stormwater Facilities in Concord and completing the work set forth in the Concord HOP.”

It also contends that “Ridge Road is entitled to have [Chadds Ford ] Township sign and approve the 2019 supplement, or any other standard extension form, to extend the deadline under the Chadds Ford HOP to construct the roadway stormwater improvements in the township.”

The plaintiff is asking the court to require Chadds Ford to sign off on the necessary paperwork and to declare that it has suffered damages resulting from Chadds Ford’s failure to comply with the obligations under the agreement.

Chadds Ford Township solicitor Mike Maddren did not respond to an email requesting comment, but his response to the charges of a breach of obligation included the following: “The agreement does not contain any language that would bind successor boards to remain as co-permittees indefinitely. To the contrary, PennDOT, which is the source of the agreement, requires periodic renewals of its HOP permits, which in turn provides successor boards the opportunity to reevaluate their municipality’s participation in the HOP process.”

If built, the center would occupy 24.18 acres at Ridge Road and Route 202 across from Olde Ridge Village. More than 20 retails pads would be provided with three restaurants. One pad would be larger than 58,000 square feet for an anchor store.

This is at least the third suit involving Chadds Ford, Concord, and the project.

About Rich Schwartzman

Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.

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