An affiliate of Abrams Realty & Development is suing the officials who rejected its plan to redevelop Exton Square Mall with over 700 residences and 280,000 square feet of retail, writes Noah Zucker for BISNOW.
The developer filed a complaint earlier this month against the West Whiteland Board of Supervisors after the board rejected its master plan application for the struggling Chester County mall. The suit claims township officials failed to follow the municipal code and asks the court to reverse their decision.
Separately, the developer is moving forward with a municipal-level challenge before the town’s independent zoning board, a process that could keep the project alive should the court case not succeed.
The lawsuit claims the project application satisfied code requirements and that the developer is now “suffering damages as a result of the defendants’ wrongful refusal.”
“As each day passes and the Board refuses to issue a resolution approving the Application, ARD Exton accumulates significant carrying costs and other expenses related to the Property,” states the lawsuit.
The lawsuit names both Board of Supervisors Chair Rajesh Kumbhardare and Vice Chair Brian Dunn as defendants, alleging they failed to carry out their legal duties.
Read more about the fate of the Exton Square Mall as Abrams Reality tries to pass its plan in BISNOW.
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