Sugar Valley Residents Appeal Court Okay of SV School Sale

LOCK HAVEN – Five Sugar Valley men are appealing the May decision by Clinton County Court to okay the sale of the former Sugar Valley school to an Amish couple.

Five Loganton area men today filed their “notice of appeal” in Clinton County Court, challenging the May 23 decision of Judge Michael Salisbury approving Keystone Central School District plans to sell the building in Loganton to Samuel and Salinda Lapp for $150,000.

The appeal will go to the state Commonwealth Court, the appellants listed as Eugene Nicholas, Rusty Miller, Robert Bressler, Arthur Hawksworth and James Harbach.

After county court had okayed the school board’s December decision to sell the building to the Lapps, district officials had said they would proceed with the sale but had to wait for the 30 day appeal period.

There is no indication of how long the matter will be delayed with today’s last minute appeal filing.

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 Harbach.

Harbach and several other objectors later raised their offer to $190,000 as they challenged the district decision at an April 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 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 was satisfied the school district established the property was 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.”

His order 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.”