Historic schoolhouse fight: Court battle continues with appeal dismissal

Community Montessori School in Olde West Chester had hoped to purchase the historic Station Road Schoolhouse property (pictured) on Station Road. GREG LYNCH / STAFF
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Community Montessori School in Olde West Chester had hoped to purchase the historic Station Road Schoolhouse property (pictured) on Station Road. GREG LYNCH / STAFF

The 12th District Court of Appeals has dismissed the appeal over the controversial sale of the historic Station Road schoolhouse in West Chester Twp., due to unresolved issues.

West Chester Twp. was poised to sell the old school to Community Montessori School owners Todd and Jamie Minniear for $250,000 as part of a settlement in a lawsuit the school owners filed. However, some neighbors who oppose the sale intervened in the lawsuit and convinced Magistrate Justin Lane and Common Pleas Judge Jennifer Muench-McElfresh the lawsuit was moot.

RELATED: Legal issues doom the sale of the historic Station Road schoolhouse

The township’s zoning board of appeals nixed the sale last summer due to traffic and other concerns, and the Minniears filed an administrative appeal in the common pleas court. In December, Lane nullified the Minniears’ appeal because it was filed under a corporate name by Minniear, and he is not an attorney and couldn’t legally file the appeal.

“The court finds that the notice of appeal in this matter is a nullity and strikes it from the record,” Lane wrote.

The 12th District in a unanimous decision said it has no jurisdiction over the case.

“As there are outstanding issues in this action, the court concludes that the order is not a final appealable order, and that the court is without jurisdiction to consider this appeal,” Judge Robert Ringland wrote.

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