FOR IMMEDIATE RELEASE—Upper Pottsgrove Township, October 20th, 2025: Below is a summary of the events leading to the current litigation involving the development of the Township’s new municipal complex on the Gilbertsville Road property and status update.
On April 2, 2024, Upper Pottsgrove Township finalized the purchase of an 8.6-acre property at 2290 Gilbertsville Road, following a publicly advertised and duly held public hearing on March 18, 2024, where the Board of Commissioners voted to move forward with the purchase. The property was acquired to prevent overdevelopment and to provide an alternative site for the Township’s municipal facilities pending the outcome of ongoing litigation involving the Smola property.
On October 18, 2024, the Montgomery County Court of Common Pleas issued an injunction in the Smola case, preventing the Township from using the Smola property for its planned municipal complex. The Township appeal the decision to the PA Commonwealth Court. On November 6, 2024, in a public meeting, the Board of Commissioners voted to proceed with the Gilbertsville Road site for the project given that the first site is on appeal and authorized the adjusting entry to the Open Space Fund from the General Fund for the purchase and directed preparation of bid packages for construction.
The Township had commissioned a study in 2023 identifying both the Smola and Gilbertsville properties as viable municipal complex locations but the Township did not own the Gilbertsville property at that time. When the Gilbertsville property became available in March of 2024, the Township bought and identified it as an option for the complex. Once the Smola injunction was issued the Township determined that Gilbertsville was the only remaining feasible location and executed the option to use the site. The Gilbertsville property has no deed restriction and has never been designated or used as open space land under the Township’s Open Space Plan.
From November 2024 through June 2025, the Township held multiple public meetings where progress on the project was discussed, expenditures were approved, and bids were authorized. All actions were taken in open session and publicly recorded.
Bids for construction were advertised in March 2025, and on June 16, 2025, the Board voted to award five contracts totaling $9.51 million—approximately $1.4 million below projected costs—for the construction of the new municipal complex. Contracts were signed on June 17, 2025, and initial phases of construction began shortly thereafter.
The current lawsuit, filed by three individuals on July 15, 2025, seeks to halt development of the Gilbertsville property. The Township has argued that the plaintiffs’ delay in filing—after public discussion, bidding, and commencement of construction—has caused substantial prejudice to taxpayers and contractors. These three plaintiffs are running for Township commissioner as well.
If the plaintiffs prevail, Township taxpayers could face significant financial loss, including:
- $541,813 already spent on studies, design, and engineering;
- $4.5 million to 9.5 million in potential contract breach damages; and
- Loss of favorable bid pricing, requiring rebidding and restarting the process at an estimated additional cost exceeding $1 million.
The Township emphasizes that the new municipal complex is a necessary public amenity, not a luxury. The current Township building has been declared unsafe due to mold contamination and asbestos, and employees have been barred from entering.
Only a small portion of the Gilbertsville site (1.73 acres) will be developed for the new municipal complex, leaving the majority of the property predominantly undeveloped and consistent with open space principles under state law.
The Township maintains that its actions were lawful, transparent, and consistent with both the Pennsylvania Open Space Lands Act and the legislative intent to meet community needs for public amenities.
The matter is now before the Montgomery County Court of Common Pleas for adjudication. The Honorable Judge Saltz recognizing that the three plaintiffs are also running for the three empty commissioner seats in the township has requested to withhold his decision until after November 4th as to not impact the election.