Lower Merion Schools Fight Back To Get Villanova Land

LOWER MERION TOWNSHIP, PA — The Lower Merion School District is pushing back against the owners of 1835 County Line Road after they filed a court objection to the district's eminent domain use.

On March 5, the district's attorney responded to the preliminary objection filed by Dr. John Bennett and Nance Di Rocco to the acquisition of their property at 1835 County Line Road in Villanova.

Bennett and Di Rocco filed Preliminary Objections to the land acquisition in an attempt to stop the district from taking the land, which the district seeks to accommodate growing enrollment by building a middle school and athletic fields.

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.

As for the district, it argues it resorted to condemnation of the property due to unsuccessful negotiations with the Bennett and DiRocco.

"The decision was also made after learning that the owners had an agreement to sell the property to another buyer," the district said. That other buyer is Villanova University.

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

Bennett and Di Rocco were in agreement for the district to pay $9.95 million for the property, the district 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.

According to the district, Bennett and Di Rocco said they 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 district also moved in December to acquire a three-acre site at 1800 W. Montgomery Ave. for $2.965 million.