Appellate Court Okays Sale of Old Sugar Valley School

HARRISBURG — A state appellate court has given its okay to Clinton County Court approval allowing the Keystone Central School District to sell the old Sugar Valley elementary school.

The Commonwealth Court order came down on Tuesday of this week and sustained the May 2014 order from Clinton County Judge Michael Salisbury. Barring another appeal from a group of Sugar Valley residents, the district is expected to proceed with its sale to an Amish husband-and-wife team who plan a grocery store and other businesses at the old school location.

School board president Jack Peters said he was “delighted” with word of this week’s court decision.

Salisbury on May 23 of last year approved the December 2014 decision by the school board to sell the school site to prospective purchasers, Samuel and Salinda Lapp, the sale price $150,000.

The Lapps had been the only party to submit an offer during the advertised selling period and the board had voted 6-3 to move ahead with the sale to the Lapps despite an eleventh hour offer to match the sale from Sugar Valley resident Jim Harbach.

Harbach and several other objectors later raised their offer to $190,000 as they challenged the district decision at an April 2014 court hearing.

The valley residents had claimed they were not aware the property was for sale prior to the board’s December vote but Salisbury in his court order disagreed with their claim: “The Court finds the Objectors’ position that they were unaware that the property was for sale or available for inspection prior to the December 5, 2013 Board meeting as incredible.”

The Sugar Valley men opposing the sale later raised their offer to $190,000 but the court findings said the school board was aware of the higher offer prior to a court-set April 1 public hearing and the board “yet elected to proceed.”

The local common pleas court noted a higher sale price of $190,000 would provide an immediate benefit to the school district; “however, when considering the long range benefits associated with the Lapps’ offer, the difference would be made up over time and would continue to add revenue to three taxing bodies as well as provide much needed jobs in the county.”

The court said the “interest of the public would be better served” if the Lapp sale were approved inasmuch they plan to open a grocery/general store and make another $140,000 in improvements.

After Salisbury sustained the sale decision last May, Sugar Valley opponents of the sale plan appealed to Commonwealth Court and nothing further had been announced publicly until today’s decision: The three judge panel from Commonwealth Court, headed by President Judge Dan Pellegrini, ruled that the local court did not abuse its discretion, therefore “the order of the trial court is affirmed.”

The opinion from the appeal court said the intended use proposed by the objectors, creation of a community/senior center “would not necessarily place the property back on tax rolls.” Under the signature of Pellegrini, the appellate board wrote the objectors “failed to outline any details on financing, construction or timetables for their plan. Lastly the community at large has shown great support for the Lapps’ proposal to open a grocery/general store as such a business is needed in the area.”

Objectors listed in the court documents were Sugar Valley residents Eugene Nicholas, Rusty Miller, Robert Bressler, Arthur Hawksworth and Harbaugh.