News

Appeals court dismisses developer’s $150M lawsuit against New Hanover Township

Published Friday, April 17, 2026

A U.S. Circuit Court of Appeals has dismissed a $150 million lawsuit brought by developer R.P. Wynestone and seven investors against New Hanover Township. The developer and investors had alleged that years of procedural delays in approving the Town Center project — a 700-home, 209-acre development along Swamp Pike first proposed in 2005 — were motivated by racial bias and unconstitutional income discrimination. The Third Circuit Court of Appeals upheld the lower court's dismissal on multiple grounds, including that the claims were filed outside the statute of limitations and that the developers failed to demonstrate equal protection violations, since the township had effectively halted all major development approvals — not just this project. Despite the lawsuit's dismissal, the development itself is not dead; a 2025 agreement in Montgomery County Court has the project under a court-ordered remand, with the developer currently working on a revised plan expected to go before the township planning commission in the near future.
Source: Pottstown Mercury; 4/8/2026