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11/2006 In November, 2006, Coatesville voters replaced the last three of the original group of council members who supported taking of the Saha family farm for a golf course. Robin Scott, a Democrat, and Kareemn Johnson, a Republican, won the two at large council seats, 672 to 527 votes, respectively replacing the incumbent council member Carmen Green. In the Fourth Ward, incumbent William Chertok, a Democrat, lost to Kurt Shenck, a Republican . Shenck had defeated incumbent David DeSimone in the spring Republican primary. Patsy Ray, a Democrat, easily won election in the Second Ward, defeating incumbent council President David Griffith who had attempted a write-in after he had lost to Ray in the Democrat primary last spring. The election meant that all seven members of council who had supported the use of eminent domain to take the Saha farm have been removed from council. Two years ago voters ousted Stephon Hines and Kevin Rolston in favor of Marty Eggleston and Ed Simpson, both of whom vowed to fight the city's taking of the Saha property. Also, an audit of city's finances revealed the city was $7 million in debt because revenues were grossly over estimated and some legal fees pertaining to the numerous lawsuits filed against the city in reference to the golf course were never booked. The three incumbent council members defeated in November claimed that former City Manager Paul Janssen kept information about city finances from them. Paul Janssen is now City Manager for Norristown. 5/9/2005 On April 7, 2005, City Manager Paul G. Janssen Jr. resigned to become borough manager in Norristown. For six years Janssen argued the golf course was the key to the city’s $700 million development plan. With Janssen is gone, all five of the city council members who had been in line behind him decided that they didn't need the golf course after all.. On May 9, 2005, Dick and Nancy Saha and Coatesville City Council officially put an end Monday to the land dispute that has gone on for six years, costing the Saha’s over $300,000 in legal fees. In exchange
for dropping the eminent domain case, the Sahas agreed to sell the city
five acres of land along an abandoned railroad bed for a price far less than
the $300,000 they spent on legal fees. In addition, Saha agreed to grant
the city right of first refusal if his family ever chose to sell 26 acres of
its property. 3/15/2005 Since the legal actions began in 2000, various Pennsylvania courts have repeatedly and consistently sided with the city. Chester County Common Pleas Judge Edward Griffith handed the city its latest win on March 15, 2005. Judge Edward Griffith ruled the three amendments to the city’s Home Rule Charter that sought to stop the city’s attempt to turn part of the Saha farm into a golf course were illegal and invalid because they were unconstitutional and overly broad. The city’s critics appealed the decision, and countering that appeal could have delayed the city’s plans somewhat. But there were only so many appeals left. It seemed the city was close to taking physical possession of the Saha land. In March, in response to a suggestion that the appeal process could be never-ending, city attorney Herb Bass said, "Litigation comes to an end. I can tell you that." 2 /4/ 2004 According to the schedule
agreed upon by the city solicitor and attorneys for Dick and Nancy Saha, the
Valley couple who have been fighting the city’s eminent domain action, Judge
William P. Mahon will have all arguments before him by early March in order
to issue a ruling about whether the city can take possession of the Saha
land. 1/24/2004 The City of
Coatesville filed documents Friday requesting court permission to move
forward with the condemnation of Dick and Nancy Saha’s farmland. At the same
time, both parties involved in this eminent domain dispute that is nearing
its fifth year announced they are in active negotiations.
11/23/02. A beef and beer benefit was held at the Lionville Fire House, by the friends of the Sahas. The night was a great success, and over 300 people attended. The silent auction of donated gifts, including paintings from Chris Snyder, Barbara Yoss and Janet Fitch, Eagles and Flyers tickets plus raffle tickets raised funds for the legal defense used to fight Coatesville's misuse of eminent domain. Thanks to everyone that participated. 11/21/02. Charges against Ricky Saha for threats and other charges were dropped in Chester County Common Pleas. He pleaded guilty to a summary offense. David DeSimone and the City of Coatesville tried to blow the situation out of portion, but failed. 11/06/02. A hearing has held at the Commonwealth Court in Philadelphia, over oral arguments for the appeal of the Coatesville condemnation case. Each side was allowed 8-10 minutes of arguments. Coatesville had 4 lawyers (approximately $1,000/hour) against Saha's one lawyer. A decision can be expected 3-12 months. 09/09/02. Stephon Hines kicked Dick out a public meeting for asking the question: what was his property going to be used for. Hines had the police chief remove Dick from the podium, then from the meeting entirely. Dick insisted that the full council vote on his removal, but Hines stated he was in charge. The city has stated that question and answer will not be permitted at council meetings. 08/09/02. US Congressman Joe Pitts stated on WCOJ that, "First of all, we need to save our farms, as many as we can, our farms and open space. And secondly, I don't think another municipality should be condemning land in an adjacent municipality, that sort of changes, almost, the municipality lines, so no, I don't think that is a good idea." We appreciate Rep. Pitts support in our fight against Coatesville and he deserves a pat on the back. 07/22/02. A petition signed by 1,250 Coatesville residents was submitted to Council (after having a request to be added to the agenda rejected). The petition was to have a ballot question added in the fall election to repeal the Council's ordinances authorizing the use of eminent domain to build the golf course. Council had their excuses in place for the purpose of rejecting the petition ahead of time. This is the second time the City Council thumbed their noses at a petition signed by Coatesville residents. Petitioning on eminent domain is not excluded per the Coatesville Home Rule Charter, but the Council used different Pa laws excluding eminent domain from petitioning. Council found a legal reason to reject the petition, but had no moral reason. The fact that only 500 signatures were needed to float a ballot question and 1,250 were collected, had no influence on Council. On 5/28/02 at the City Council meeting, Kevin Rolston tried his hand at suppressing freedom of speech by grabbing at this caricature held by the Saha's granddaughter. It depicts Coatesville Council's response regarding the retraction of their misleading smear ad.
05/13/02. City Council tabled the Saha home and farm condemnation and Judge Mahon filed a Further Supplemental Opinion (PDF, 600K) and lifted the gag order. 05/10/02. The Friday before the first reading to condemn the Saha home and farm, the City started their Smear Campaign (PDF, 331K) by running a $6,300 two page ad in the Daily Local. Later that day, Judge Mahon filed a Gag Order (PDF, 53K) and included the Saha's in the Agricultural Act (PDF, 56K). 04/22/02. The City council voted 5-1 (Hines, Griffith, DeSimone, Green and Rolston vs. Mayo) to begin proceeding to condemn the entire Saha property, including the original parcel with house and barn that was to be left to the Sahas. 04/22/02. The city announced that they had a tentative agreement to purchase 66 acres at $10,000/acre from the Contis. This property is now planned for the training facility, which is what the Saha property was originally planned for.
04/19/02. The Saha's offered to sell about 20 acres, under threat of losing their home. 03/07/02. The city submitted a letter to let the Sahas keep 15 acres,
and sell 33. With the following stipulations: 01/29/02. The Sahas offered to keep 23 acres and sell approximately 25 acres to the City, to save their home from being condemned. 01/21/02. The City wrote a letter to the Sahas stating the City's conclusion
of the judge's order was that the Sahas had two options. 01/11/02. The judge provided his order January 11, 2002. If you want to read the order, here it is:
12/14/01. Arguments were heard in front of Judge Mahon regarding Valley vs. Coatesville over illegal subdivisions. Valley Township's position is that the City of Coatesville did not obtain the proper approvals for the subdivisions resulting from their use of eminent domain for private property in Valley for Coatesville's proposed golf course. This includes the 40 acres of the Saha farm. The illegal subdivision case may have an effect on the pending Saha eminent domain case (see 7/16/01), that the Judge still needs to rule on. Read the Daily Local Article.
10/11/01. The Valley Zoning Hearing Board denied Coatesville's appeal of Valley Township's denial to start work on their golf course. One of the denials included a shed to be built on the Saha property, which the City does not yet own. The Township Zoning Hearing Board accused the city of being "sneaky" and Coatesville City Manager Paul Janssen of misrepresenting the ownership of the properties involved. The City of Coatesville said they will appeal the decision to Chester County Common Pleas. Read the Daily Local Article. 7/16/01. On July 16, 2001, City of Coatesville vs. Saha, regarding the
condemnation of their farm, was heard at Chester County Common Pleas Courthouse
in front of The Honorable Judge William P. Mahon, in West Chester, PA.
Approximately 80 people showed to hear oral arguments between Bob Lentz
representing the Sahas and Herb 7/4/2001. The City of Coatesville vs. Saha, regarding the condemnation of their farm, will be heard on July 16, 2001 9:30 AM at Chester County Common Pleas Courthouse in front of The Honorable Judge William P. Mahon, in West Chester, PA, Court Room 14. Please plan to attend to show your support. 7/4/2001. As of 5/31/2001, Coatesville has spent $1,107,940 on the project. The Sahas have spent $105,400 in legal fees in defending their right to own their farm. 7/4/2001. The Valley Zoning Hearing Board concluded 15 meetings and will render a decision in October, 2001. This will determine if a golf course will be considered a conditional use within Valley Township. 7/4/2001. On May 7, 2001, the Sahas testified in front the Senate of PA Local Government Committee (Gerlach, Logan, Erickson, Thompson), regarding the changing of eminent domain laws. If you are interested in a transcript please contact Dick and Nancy Saha. To contact Gerlach for more info, click here. 7/4/2001. There are two PA Representatives (William Robinson and Daryl Metcalfe) also looking into the abuses of eminent domain law. If you would like to contact them, click here. 2/3/2001. Regarding the eminent domain court battle, depositions of council members started first week in February 2001. The court case is planned to be heard in spring 2001 before Judge Mahon, Chester Count Court of Common Pleas. 2/3/2001. Valley Zoning Hearing Board. A court battle between Coatesville and Valley Township is also underway, regarding zoning of the project and illegal subdivisions. Hearings started January 10, every Wednesday. The next is scheduled for February 7 at the Valley Township building. 2/3/2001. A court battle between Coatesville and West Caln Township is underway, regarding the inclusion of the Saha property in the Agricultural Act. July 10, 2000 the Sahas submitted paperwork to be included in the Agricultural Act, which provides special laws for farms, including protection from abusive eminent domain. Before the application could be approved by West Caln, Coatesville filed their Declaration of Taking on August 2, 2000. On September 5, 2000 is when the application was finally approved by West Caln, who still saw the Sahas as the rightful owners of the property. This case has been transferred to Judge Mahon who is hearing the eminent domain case. 2/3/2001. The City has spent $850K on the project. I good majority of this has been in legal fees. The City is getting ready to spend another $157K for golf course consultants. 2/3/2001. A Legislative Intent was requested by the Sahas through Tim Hennessey, and provided by Edward C. Hussie, Chief Council, House of Representatives, Commonwealth of PA. Click here to see a copy. 53 P.S. 37801 empowers third class cities to condemn for "recreation places". Though broad, this statute does not allow them to condemn outside city limits. 53 P.S. 38703, empowers third class cities to condemn outside city limits, however it specifically spells out the uses, which does not include golf courses. 2/3/2001. A copy of a letter sent by the 3 Chester County Commissioners (Dinniman, Martynick, Hanna) to Paul Janssen dated October 30, 2000, states they would "hope that the City can find a way to build the recreation center without having to use eminent domain". Click here to see a copy. 2/3/2001. An aerial photograph of the Saha house and 6 acres the City plans to leave the Sahas out of their current 48 acres farm has been added. See Coatesville's Plan of Destruction. 9/3/2000. The court battle has begun. The Sahas are filing "Preliminary Objections" to Coatesville's "Declaration of Taking" on the grounds that golf is not a public good and that the other businesses associated with the project do not qualify under eminent domain law. 9/3/2000. Here is information if you would like to write a letter to the editor of a local newspaper:
9/3/2000. Boycott these businesses. They support the golf project which is taking private property by condemnation. 9/3/2000. The Daily Local took an online poll asking if Coatesville should use eminent domain to build the golf course. 87% of the people were against Coatesville. 9/3/2000. PA Senator Robert Thompson and PA Representative Tim Hennessey both support Coatesville in their action to use eminent domain against the Sahas, even though Coatesville already has enough property to build the golf course. Thompson says "well it's legal." Hennessey says "Coatesville should be allowed to take your property for their golf course." Both are up for reelection in 2000. If either is your representative, vote them out in November. Thompson is disposed by Tom Bosak and Hennessey by Cheryl Spaulding. 9/3/2000. County Commissioners Martynick and Colin Hanna both support the golf project, in spite of the eminent domain. The Chester County Citizens Watch has been created to keep a close watch on the Chester County tax issue 8/28/2000. At a city council meeting, the city refused to release the latest project plans showing the use of the Saha property. An old set of plans showed the Saha property being used for a driving range. It has been hinted, the property is being taken so Insignia/ESG Corporation can develop a hotel. Insignia representatives recommended to the City to take as much of the Saha property as they could. 8/28/2000. At the same city council meeting, a $30 million bond intended to finance the golf project was discussed. The city was reluctant to discuss the topic or give out any information. The city refused to answer any questions regarding the cost of the project, which appears to already be over budget for the planning and purchasing of property from those willing to sell. Last meeting it was reported that $200,000 was already spent on the project. That was before any money was spent on land. It appears that over $600,000 has already been spent of the planned $800,000. 8/22/2000. At a Coatesville meeting on Redevelopment, city manager Paul Janssen gave a presentation on how a redevelopment authority could benefit Coatesville. One topic was regarding eminent domain. He said the redevelopment authority would not have the same "red tape" as the city when exercising eminent domain. He referred to people's personal property rights as "red tape". This gives you some insight as to how the man thinks. 7/24/2000. Dick and Nancy Saha received papers on 7/22 from John Carnes, City Solicitor, that Coatesville filed a "Declaration of Taking to Condemn" with the Chester County Courthouse. Coatesville will be taking the Saha property. This is after Paul Janssen, Coatesville City Manager said in the newspaper that the taking was on the back burner. The Sahas will fight against the abuse of eminent domain. 7/24/2000. A form letter was added that you can print and send to your local politician. Click here to see. 7/24/2000. Changed Tim Hennessey from undecided on the Saha issue, to: Agrees with Coatesville's use of eminent domain for the golf and hotel project. Also corrected his e-mail address. 7/24/2000. We are asking that you spread the word of this issue to your friends, neighbors, relatives and fellow citizens. The more people that know about the issue, the better the chance of correcting it. 7/24/2000. Added John S. Carnes, Jr., Coatesville City Solicitor (city
lawyer) to the list of contacts: 202 North Church Street
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E-mails are welcome at nrsaha@aol.com
or call Dick and Nancy Saha at 610-383-4295