News

Judge re-affirms that Upper Pottsgrove plan violates state open space law

Published Friday, February 21, 2025

Court of Common Pleas Judge Jeffrey Saltz recently re-affirmed the ruling he made in October 2024, enjoining Upper Pottsgrove Township officials from soliciting or accepting bids on their proposed plan to build a municipal complex on the former Smola Farm. In a three-paragraph ruling, Saltz wrote “the court declares that the property designated by the township as the Smola Farm, is subject to the restrictions and limitations … of the Open Space Lands Act and may be used only for purposes consistent with the act.” The 36-acre site at 370 Evans Road was purchased in 2008 for $450,000 and will remain as protected open space, unless three of the township commissioners that support the move to build on open space — Trace Slinkerd, Don Read and Hank Llewellyn — choose to appeal and are successful. Read wrote in a statement that the decision was expected and indicated an appeal to Commonwealth Court is likely. Commissioner Cathy Paretti said, “My main concern is how much taxpayer money is going to be wasted on the appeal.” During testimony, Slinkerd revealed that the township has already spent about $800,000 on engineering and plans for the complex. Additionally, as of July 2024, the township had spent just under $135,000 in legal fees on the case. In December, the board voted 3-2 to hire construction manager Boyle Engineering for the project at an estimated cost of $434,990.
Source: Pottstown Mercury; 2/19/2025