Judge dismisses $150 million federal lawsuit against New Hanover

NEW HANOVER — A judge has dismissed a $150 million federal lawsuit by a developer group filed last year that alleged township officials conspired to block the progress of the massive Town Center project in a racially motivated effort to prevent minorities from “changing the nature” of the township.

In a 58-page ruling dated  Feb. 5, Judge Joel H. Slomsky, senior judge for the U.S. District Court of Eastern Pennsylvania, granted the township’s motion to dismiss the case.

The case was filed on March 5, 2024, by three distinct sets of plaintiffs, all of which are tied to the Town Center project.

Town Center, proposed on 209 acres where the old New Hanover Airport was located, is bounded by Swamp Pike in the north, Route 663 in the east and Township Line Road to the west. It was first proposed in 2005, under zoning created just for the project and received preliminary approval in 2007.

By law, because it received preliminary approval in 2007, the Town Center project is not subject to new land development ordinances the township has adopted in the interim but is instead governed by the ordinances in place at the time of its preliminary approval.

Since 2007, the project has gone through multiple revisions, many of which, the plaintiffs argued, were designed to delay the project.

But Slomsky dismissed the various allegations, saying the plaintiffs failed to provide adequate proof it had been treated differently than any other developers in New Hanover.

The lawsuit also tried to tie racially charged comments alleged to have been made by William Moyer when he was a sergeant with the township police department as evidence that the township’s motive was race-related, but the judge agreed with the township’s argument that Moyer did not join the township planning commission until 2022, long after most of the actions and decisions the suit complains about were made.

“Almost all of the events that gave rise to the allegations in this case occurred between July 2005 and January 2022,” Slomsky wrote, adding, “The Township’s treatment of RP Wynstone’s eighth revised development plan, which RP Wynstone plaintiffs contend was part of the township’s ‘bait and switch’ tactics and was the straw that broke the camel’s back, was denied on Nov. 19, 2021, before Moyer joined the commission.”

Slomsky also ruled that the “statute of limitations” applies to several of the claims made in the lawsuit as a reason to dismiss them.

Slomsky also dismissed the lawsuit’s attempts to sue government officials personally, ruling they have immunity as municipal officials

“The court’s decision fully rejects the plaintiffs’ claims, reaffirming that the township’s actions have been lawful, fair, and in full compliance with municipal and constitutional standards,” Township Manager Jamie Gwynn said in a statement issued to The Mercury. “The township remains committed to collaborating with land developers on projects that meet zoning laws, planning requirements, and broader public interests, ensuring that development aligns with the community’s goals and values.”

Attempts to reach representatives of R.P Wynstone late Friday were unsuccessful.

Source: Berkshire mont