On Jan. 11 the Commonwealth Court of Pennsylvania affirmed a lower court's ruling that denied a petition to preliminarily enjoin Agnes Irwin School from constructing an athletic field on public park land leased from Radnor Township.
Citizens to Keep Radnor Park Public, a group of Radnor residents, had appealed an order of the Court of Common Pleas of Delaware County to the higher court on Oct. 15.
The residents believe that Radnor's lease of its Radnor Memorial Park to Agnes Irwin School is not legal. In June, 2011, Radnor entered into a 15-year lease with the school for them to build a turf field and use the park as an ahtletic field.
Under the agreement, Agnes Irwin would pay for everything it added to the land, which is located next to Archbishop John Carroll High School on Matson Ford Road. The lease also gave the school exclusive use of the field during certain hours.
Five citizens, all who live in the area near the field, filed a complaint shortly after the lease was approved and alleged that the lease was improper.
In February, 2012 Agnes Irwin started construction on the turf field, and the citizens sought injunctive relief to stop it. A lower court denied it at a hearing.