Moul Fight Will Be Costly (Local Government Uses Eminent Domain on Local School Board)

Evening Sun (Hanover, Pennsylvania) ^ | January 19, 2007 | Ashley Adams and Steve Marroni

[Virginia Ridgerunner]

Hanover Public School District Superintendent Jill Dillon said filing preliminary objections to Hanover Borough's use of eminent domain to take the recreation field, as well as Myers Memorial Playground, from the district costs between $185 and $425 an hour based on the skill, experience and seniority of the individuals performing the tasks. (snip)

And as for the cost.

"It certainly will not be cheap, that's for sure, for either side," Glenn said.

Glenn said it seemed like an interesting case with one public entity taking property from another. He studies eminent domain on a federal level, not at the state level, and has not seen a similar situation.

But, that's what the borough's lawyers say they're building their case on.

Borough Solicitor G. Steven McKonly said the borough will rely on previous court cases where a municipality successfully took property from a school district.

McKonly said the district has continually stated that the borough doesn't have any right to take the land from another public entity. But McKonly said there is precedence set forth by other court cases.

And ultimately, all of those fees would be footed by Hanover taxpayers.(snip)

The school district was planning to build a new elementary school to replace Washington Elementary, and said constructing it on Moul Field was the best option.

Borough officials would not approve land-development plans for the new school, and went back-and-forth with the district over issues ranging from traffic concerns to an unfenced retention pond. This ended when the borough started the eminent-domain process, saying it was the best legal way to preserve recreational fields in Hanover.

[Virginia Ridgerunner]

Nice. The local borough is using eminent domain to seize land from the local school board. The school board is suing to keep the land. Taxpayers get to foot the bill for lawyers on both sides, with fees ranging up to $425 per hour.

Tell me the world hasn't gone mad.

[biff]

Well now, what is that saying about honor among thieves? County, school board, lawyers??? Hmmmmmmmmmm........

[Cowgirl]

They are eating their own!

[Gondring]

I can't wait to see the Eminent Domain Museum housed in the former property of Justice Souter. It would be a great economic boon for that town, I'm sure, as I intend to spend lots of tourist dollars there when it gets built.