Upper Darby School District has full title to the Clifton Heights athletic fields, said the school board solicitor, and is free to build a middle school there with no restrictions, writes Kevin Tustin for the Daily Times.
“The district … has the right to use the field for the district’s intended purpose, which includes building a school and upgrading the fields for school and community use,” A. Kyle Berman said at a May 14 school board meeting.
Clifton Heights Solicitor Frank Catania responded May 15 he could not comment on what the district’s title search discovered without official documentation, but that he wasn’t sure how Berman came up with the conclusion he did.
Clifton Heights officials contend that deed restrictions only allow the borough to use the field for recreational use.
Clifton Heights has leased the fields from the district since 1977. The school board voted May 6 to end that lease so it could potentially build a 160,000 square-foot middle school.
The proposal has sparked intense opposition in the borough.
Borough Council is prepared to pass an ordinance May 28 that would make building a school on the field a conditional use requiring borough council approval.
Read more about the controversial project here.