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Originally Posted by jsbrook
I'm sure he would say that. It depends how baseless the lawsuits are. We cannot file frivolous, bad faith lawsuits because our clients want us to and will pay us to do so. There would really have to be no legal merit to the Association's arguments to stop the build. A flawed but reasonable interpretation probably doesn't have to do. I wonder if they can do a redesign that will moot all the arguments but still be viable.
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From the Philly.com article-----
"Still, even with the appeals submitted, Turchi is able to forge ahead. According to city spokesperson Paul Chrystie, developers typically can begin work on a property as soon as they have approvals from the required agencies, even before the zoning board renders a decision on the appeal. In this case, with Turchi’s zoning permits from L&I already secured, all that is likely standing in his way is Historical and Art Commission approvals before the final building permits are approved."
So if this is built (assuming the tape measure issue can be resolved) and 10 households are happily living there and enjoying their memberships in the Society Hill Civic Association, then in 5 or 6 years some final court decision rules that yes, the zoning was at fault. What could happen then, how could damages be awarded, from who and to whom?
I realize everyone has their own limits; I remain interested in stopping the Toll Bros. Tower on jewelers row, but as long as the design for this very modest and thoughtful tower meets present day code and zoning, I wish they could start construction today, and finish in 6 months. Its hard to imagine a better project at this site. It saves the front half of the not so historic house, it doesn't add to any crowding that some might be concerned with, it isn't too tall, its not bad looking, it's not vastly out of scale with the surrounding buildings, its in a area that has other (and taller) towers, I just don't understand what the problem is. Maybe some people think there should be a pocket park at that site. Stranger things have taken place----
Unfortunately both the Historical and Art Commissions can be readily influenced by those with political power, so getting through those steps is certainly not guaranteed.