Court Okays KCSD Sale of Old Sugar Valley School
LOCK HAVEN – Clinton County Judge Michael Salisbury today gave court approval to the private sale of the old Sugar Valley elementary school.
Salisbury’s 18 page order and opinion approved the December decision by the Keystone Central 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. They 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 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.
Citing a new stream of real estate and mercantile taxes and the Sugar Valley community’s need for a grocery/general store and widespread community support for the Lapp proposal, the court wrote “these equitable considerations outweigh the higher offer made by the Objectors.”
The court said the objectors’ proposal for a community/senior center is “well intentioned” but no specifics were provided.
Salisbury wrote he is satisfied the school district established the property is being sold for a “fair and reasonable price and…is better than could be obtained at a public sale (another option available to the district) as required by … the Public School Code and will approve the sale.”
He noted the sole function of the court is to approve or disapprove of the sale: “The board was aware of the interest of the Objectors and proceeded to seek Court approval of the sale as previously outlined in this Discussion. The Court believes that the circumstances warrant the approval of the private sale to the Lapps.”
District officials were made aware of the decision Friday afternoon and expressed their pleasure at the outcome.
