The Montgomery County Court of Common of Pleas denied today two requests for preliminary injunction, both of which were submitted by Cheltenham Township resident Sam Thacker.

Thacker filed a lawsuit against Cheltenham Township and developer Melrose Pool, LLC on Wednesday, July 22, through the Montgomery County Civil Court system. The filing argues that Cheltenham Township’s 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—violates the Separation Act and competitive bidding requirements for large projects.

The lawsuit also alleges that the contract is a municipal construction contract in substance, and is thus subject to statutory competitive bidding requirements. The terms of the ground lease can be found in July 1’s Building & Zoning agenda, beginning on page 19.

The specifics of the denials are not included in the documents, though a copy of the court transcript is expected to be released sometime this or next week.

The court’s denials were obtained by Glenside Local through the township from Edward Diasio, township solicitor.

Both orders can be found below:

More to come.

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