No Timetable Given For Decision on Billboards in Marple

MEDIA–After listening to nearly two hours of additional arguments on Friday morning at the Commonwealth Court of Pennsylvania in Media, *Judge George Pagano gave no timetable regarding to a decision on the Bartkowski Investment Group, Inc.'s (BIG) ability to place seven new billboards around Marple Township.

Commonwealth Court Judge Kevin Brobson initially ruled on the case on April 15th, partially siding with the Board of Commissioners, however, a three-judge-panel at the appelate level decided to kick the case back down to the Court of Common Pleas with Pagano after ruling that further arguments were needed.

Gregg Adelman, representing BIG, continued to focus his argument on the date of the ordinance.

"What we're focusing on here is, if you record it late and it gets into the official ordinance book, is that the point under the first class township code when the ordinance becomes enforceable?," asked Adelman.

He continued, "I think the township would agree that based on the depositions of the township secretary and the items of record, that the ordinance in question was not in the township's code book when the challenge was filed."

Jim Byrne, a solicitor representing Marple and surrounding townships against BIG, brought a jurisdictional argument, stating that the case should not be determined by the court, but instead by the Marple Township Zoning Hearing Board.

After listening to all arguments, Pagano adjourned the hearing without giving an estimate for his decision. Byrne said he was confident in his argument, and seemed pleased with how everything unfolded.

"I think the judge was on top of all the issues," said Byrne. "We believe our arguments are the stronger of the two, and we hope we're successful."

The locations of those billboards are proposed to go up on the 2300 block of West Chester Pike, 2500 block of West Chester Pike, 2600 block of West Chester Pike, 2500 block of Summit Avenue and 1900 and 2100 blocks of Sproul Road.

Marple argues its amended sign ordinance–amended on Jan. 5, 2009–was filed valid to this case denying BIG's proposed seven billboards in the township along West Chester Pike and Sproul Road, while BIG challenged Marple's amended ordinance.

The billboard battle has been two years running, in which BIG filed billboard applications in several neighboring towns of Marple including , Havertown, Springfield and Bryn Mawr townships.

*Editor's note: This version has been edited. The original version of this article incorrectly stated that Judge Kevin Brobson was the presiding judge.