Landowners Go To Court To Stop Lower Merion Schools Land Grab

VILLANOVA, PA — As Lower Merion School officials were moving to acquire a 10.4-acre property on County Line Road in Villanova to accommodate a growing student enrollment, the property owners have thrown a wrench in the district's plans.

The district and owners of 1835 County Line John Bennett and Nance Di Rocco were in agreement for the district to pay $9.95 million for the property, the distirct said. Additionally, the district approved a lease permitting Bennett and Di Rocco to stay on the property through May 2023.

These details were initially laid out at a December Lower Merion Board of School Directors meeting where the board OKed the district's use of eminent domain to take the land after condemning it.

However, Bennett and Di Rocco have filed Preliminary Objections to the land acquisition in an attempt to stop the district from taking the land.

The court filing argues the district's eminent domain use was not valid, saying the vote to condemn the property was the result of "fraud, collusion, bad faith" and accuses the district of trying to thwart Villanova University's acquisition of the property in order to keep the land on the public tax roll.

The condemnation will keep the property in use for the residents of Lower Merion Township and Narberth, rather than enabling Villanova University to take the property off the tax rolls for its private development use, according to the district.

Bennett and Di Rocco still are looking to sell the land to Villanova University instead of the district.

According to the district, Bennett and Di Rocco would sell their land to the district $12.9 million, however the district said it is not willing to pay the extra funds for the land.

"The Board reserves all rights and remedies in connection with any further litigation to the extent pursued by Dr. Bennett and Ms. Di Rocco," the district said in a statement.

The district also moved in December to acquire a three-acre site at 1800 W. Montgomery Ave. for $2.965 million.

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