Sam Thacker of Cheltenham Township launched a GoFundMe yesterday to cover legal fees and court filings pertaining to an ongoing dispute between residents and township officials.
The dispute centers on a ground lease contract which commits the township to closing the existing Conklin Pool and building a new one at the Enclave at Melrose Park (formerly the Melrose Country Club) site at 7600 Tookany Creek Parkway.
According to Thacker, the township has hinged their argument on a set of murky estimates.
“One of the biggest concerns is we have no way of knowing if $4.5 million is a good price. The bidding process would address that concern. That’s why that process exists, so that we know if we’re getting a good deal,” he said.
In less than 24 hours, the fundraiser has accumulated $4,815 of its $15,000 goal.
In July, Thacker filed a lawsuit which argued that the township’s contract violates the Separation Act and competitive bidding requirements for large projects. His requests for preliminary injunction were denied by the Montgomery County Court of Common of Pleas in late August.
Thacker said he plans to take further legal action in the Commonwealth Court after garnering the advice of Chris McCabe, an experienced public contracts attorney with the law firm Charlson Braber McCabe & Denmark, P.C.
“The decision to deny my injunction was erroneous. I appealed it, and in the course of everything going on, I’ve come into contact with an attorney who’s been handling these cases for over 30 years,” Thacker said. “He very much thinks that it’s a winning case. I think it makes a difference when a judge walks into the room and sees attorneys from some of the biggest firms in Philadelphia and then me on the other side. Hopefully this will level the playing field and helps the judge take the case seriously.”
The GoFundMe outlines the ways in which the funds will be appropriated:
Legal Retainer & Full Appellate Representation: Retaining Chris McCabe for full appellate briefing, legal research, and oral argument before the Commonwealth Court.
Appellate Court Filing & Document Costs: Commonwealth Court docketing fees, mandatory paper filing/binding, and electronic service.
“He’s going to handle the appellate work,” Thacker said, noting that if the appeal is approved, a few outcomes are possible.
“It could be sent to a lower court and the next phase of the legal proceedings. All I’m seeking in the lawsuit is injunctive relief so that the contract is voided and unlawful. If a judge says the lower court was wrong, my understanding is that defendants will be motivated to settle,” he said. “The township would go back and do all of this lawfully and solicit bids. My hope is that there will be a settlement negotiation.”
Thacker’s notice of appeal was filed three weeks ago. As of last week, the case still was not in the Commonwealth Court system, though he expects that to change soon.
More to come.
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Photo: Sam Thacker