Penn Hurst Holdings DE, LLC has formally appealed East Vincent Township's denial of its proposed hyperscale data center at the Pennhurst property, asking the Chester County Court of Common Pleas to overturn the board of supervisors' decision.
The land use appeal, filed June 17, challenges the board's June 2 written decision denying the company's conditional use application for the approximately 123-acre property.
In the filing, the developer argues the board committed errors of law when it concluded the proposal did not qualify as a planned commercial development under the township's zoning ordinance.
Among its arguments, Penn Hurst Holdings contends the board incorrectly applied General Commercial zoning standards to the proposal rather than Industrial Mixed Use or General Industrial standards. The appeal also argues the board improperly determined that the project consisted of a single principal use instead of multiple principal uses, making it ineligible as a planned commercial development.
The developer further argues the township incorrectly concluded that the Industrial Mixed Use district cannot receive transferable development rights, or TDRs.
The appeal asks the court to reverse the board's decision denying the conditional use application.
The Case Moves to Court
The filing follows the East Vincent Board of Supervisors' unanimous vote in May to deny the proposal after a public hearing that focused on two threshold legal questions: whether the project qualified as a planned commercial development and which zoning standards applied.
The board ultimately concluded that the proposal did not qualify as a planned commercial development because it consisted of a single principal data center use rather than the multiple principal uses required under the township's zoning ordinance.
The Court of Common Pleas will review whether the board of supervisors committed an error of law or abused its discretion in denying the application. The appeal does not authorize construction of the data center or overturn the board's decision unless the court ultimately rules in the developer's favor. A hearing date has not yet been scheduled.
Spring-Ford Press has reached out to East Vincent Township for comment and will update this story when a response is received.
Community Response
East Vincent Advocacy, a community organization that encourages resident involvement in local government and advocates for preserving the township's rural character, said it intends to remain actively involved in the case. The group was granted party status during the conditional use hearing, allowing its attorney, Carl Ewald, to participate in the legal proceedings and present oral arguments.
In a statement shared with Spring-Ford Press, East Vincent Advocacy President Chris McNeil said the organization remains confident the board of supervisors' decision will withstand judicial review and plans to seek intervenor status in the appeal.
McNeil said the appeal centers on the board's interpretation of the township's zoning ordinance rather than the testimony or factual record developed during the conditional use hearings.
"East Vincent Advocacy will be seeking intervenor status so that we can continue to have a meaningful voice in defending the decision and protecting our community’s interests," she wrote.
If granted intervenor status, East Vincent Advocacy would be permitted to participate in the court proceedings alongside the township. The organization has launched a fundraising campaign with a goal of $10,000 to help cover legal expenses associated with the appeal.
"This next phase will require both vigilance and resources," McNeil wrote.
