Save Ardmore Coalition v. Lower Merion Township, 05-1668.

Decision Date09 November 2005
Docket NumberNo. 05-1668.,05-1668.
PartiesSAVE ARDMORE COALITION, Eni Foo, Peggy Savery, Hugh Gordon, Sharon Eckstein and Richard Gosweiler, Plaintiffs, v. LOWER MERION TOWNSHIP, Montgomery County Planning Commission, Jennifer Dorn, as Administrator of the Federal Transit Administration, and Southeastern Pennsylvania Transit Authority, Defendants.
CourtU.S. District Court — Eastern District of Pennsylvania

Robert J. Sugarman, Philadelphia, PA, for Plaintiffs.

John S. Summers, Mark A. Aronchick, Paul W. Kaufman, Hangley, Aronchick, Segal & Pudlin, Philadelphia, PA, John P. Gonzales, Marshall Dennehey Warner Coleman & Goggin, King of Prussia, PA, Amy Lorraine Donohue-Babiak, Gollatz Griffin & Ewing, P.C., Philadelphia, PA, for Defendants.

MEMORANDUM AND ORDER

SCHILLER, District Judge.

This action arises from a proposed redevelopment project in Ardmore, Pennsylvania, which is located in Lower Merion Township in Montgomery County, Pennsylvania. Plaintiffs, Save Ardmore Coalition, a non-profit corporation organized to address the project, as well as five individuals living within the community whose homes or properties may be affected by the project, bring this lawsuit against Defendants, Lower Merion Township ("LMT"), Montgomery County Planning Commission ("MCPC"), Jennifer Dorn, as Administrator of the Federal Transit Administration ("FTA"), and Southeastern Pennsylvania Transit Authority ("SEPTA"). Plaintiffs challenge Defendants' redevelopment project, which is still in the planning stages. Plaintiffs seek to require Defendants to comply with federally-mandated environmental and historic reviews and to provide procedural protections to Plaintiffs. Defendants assert that the Court lacks subject matter jurisdiction to hear this case, that Plaintiffs' claims are not ripe for review, that Plaintiffs lack standing, and that Plaintiffs have failed to state a claim upon which relief may be granted. Presently before the Court are Defendants' motions to dismiss the Amended Complaint. For the reasons that follow, the Court finds that Plaintiffs' claims are not ripe for review and grants Defendants' motions to dismiss for lack of subject matter jurisdiction.

I. BACKGROUND
A. Procedural History

Plaintiffs filed a complaint on April 8, 2005, alleging violations of the National Environmental Policy Act ("NEPA"), the Department of Transportation Act ("DTA"), the National Historic Preservation Act ("NHPA"), the takings clause of the Fifth and Fourteenth Amendments of the U.S. Constitution, and Pennsylvania's Urban Redevelopment Law. (Compl.¶¶ 18-43.) Defendant LMT filed a motion to dismiss the complaint on June 17, 2005, and the remaining Defendants filed similar motions on June 20, 2005. Plaintiffs filed an opposition to Defendants' motions on July 20, 2005, and subsequently filed an amended complaint on July 21, 2005. The Amended Complaint clarified that the federal statutory claims were brought pursuant to the Administrative Procedures Act ("APA"), and also added a procedural due process claim under the Fifth and Fourteenth Amendments of the U.S. Constitution. (Amend.Compl.¶¶ 8, 44-48.)

On August 18, 2005, LMT filed a motion to dismiss the Amended Complaint, and the remaining Defendants filed similar motions to dismiss on August 19, 2005. LMT and MCPC seek dismissal under Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), and 12(b)(7), arguing, inter alia, that Plaintiffs' claims are not ripe, there has been no final agency action, and no unconstitutional taking or violation of due process has occurred. (LMT Mot. to Dismiss Amend. Compl. at 13-48.) SEPTA seeks dismissal under 12(b)(1) and 12(b)(6), arguing that the Court lacks subject matter jurisdiction and that Plaintiffs have failed to state a claim under federal statutes. (SEPTA Mot. to Dismiss Amend. Compl. at 1-4.) The FTA seeks dismissal under 12(b)(1) and 12(b)(6), arguing that the Court lacks subject matter jurisdiction, the claims are not ripe, no final agency action or major federal action has occurred, and Plaintiffs lack Article III standing. (FTA Mot. to Dismiss Amend. Compl. at 1-11.) The parties have completed briefing on these issues, and on October 27, 2005, the Court held oral argument.

B. Factual Background

The following facts are taken from Plaintiffs' Amended Complaint, which sets forth their description of the presently thriving Ardmore community, as well as their assessment of local Defendants' arbitrary and biased blight determination in the project's earliest planning stages. (Amend.Compl.¶¶ 9-23.) Plaintiffs argue Defendants are acting in concert to implement a vast project which will destroy the historical, environmental, physical and cultural aspects of the traditional Ardmore neighborhood. (Id. ¶ 18.) Plaintiffs allege Defendants' actions and inaction in developing this project amount to violations of various statutory and constitutional requirements. (Id. ¶¶ 24-48.) Plaintiffs assert that six million dollars in federal funds have been allocated to this project.1 (Id. ¶¶ 24(b), 29.)

In Count I, Plaintiffs allege that Defendants violated NEPA by failing to complete an environmental impact statement prior to taking major federal action via the appropriation of earmarked federal funds. (Id. ¶¶ 26-29.) Plaintiffs allege in Count II that Defendants violated Section 4f of DTA by failing to establish feasible and prudent alternatives that would lessen the harmful impact on or taking of historic properties. (Id. ¶¶ 30-32.) In Count III, Plaintiffs allege that Defendants violated NHPA by failing to consult with the Advisory Committee on Historic Preservation prior to planning and implementing a project that would adversely impact historic resources. (Id. ¶¶ 33-36.) Count IV challenges the approval of the redevelopment plan by the MCPC as arbitrary and capricious under Pennsylvania's Urban Redevelopment Law. (Id. ¶¶ 37-38.) In Count V, Plaintiffs assert an unconstitutional taking. (Id. ¶¶ 39-44.) Finally, Plaintiffs allege in Count VI that Defendants violated the procedural due process guarantees of the Fifth and Fourteenth Amendments by proceeding with this project without providing the opportunity for a full factual adversary hearing. (Id. ¶¶ 45-48.) Plaintiffs seek review of the blight determination, an injunction to halt the redevelopment project until Defendants comply with federal statutes, and other appropriate relief to remedy Defendants' constitutional violations. (Id. ad damnum clauses.)

Plaintiffs aver that the Court has jurisdiction over this case pursuant to 28 U.S.C. § 1331, as Counts I, II, and III arise under the APA, and Counts V and VI arise under the U.S. Constitution. (Id. ¶ 8; see also 5 U.S.C. §§ 704, 706(1) (2005) (APA right of action).) Furthermore, Plaintiffs allege that the Court has supplemental jurisdiction over the state law claim in Count IV pursuant to 28 U.S.C. § 1367.2 (Amend.Compl.¶ 8.)

To assess Defendants' motions to dismiss, the Court will briefly outline the details of the redevelopment process for this project. The process is explained in the Ardmore Redevelopment Area Plan ("Redevelopment Plan"), which Plaintiffs attached as an exhibit to their Amended Complaint. (See Amend. Compl. Ex. A [hereinafter "Redevelopment Plan"] at 1-5.) In the first of three phases of the redevelopment process, the Ardmore Transit Center Conceptual Master Plan ("Conceptual Master Plan") was developed based on an evaluation of transit and economic revitalization needs in Ardmore. (Redevelopment Plan at 1.) Funded by a grant from the Delaware Valley Regional Planning Commission and federal Community Development Block Grant funds, the Conceptual Master Plan was accepted by LMT in September 2003. (Id.)

The second phase of the process examined the design and feasability of various components of the Conceptual Master Plan. (Id. at 2.) During this phase, lasting from October 2003 until September 2004, the Ardmore area was designated as needing revitalization, based on criteria established in Pennsylvania's Urban Redevelopment Law. (Id. at 2-3; see also 35 PA. STAT. ANN. § 1701, et seq.) The redevelopment area was then "certified" by LMT's Planning Commission on July 29, 2004, and by the MCPC on August 11, 2004. (Id. at 3-4.) In the most recent stage of the process, after conducting stakeholder interviews and two public workshops, LMT's consultant team prepared the Redevelopment Plan. (Id. at 2-3.) The Redevelopment Plan was adopted by the MCPC on March 9, 2005. (Amend.Compl.¶ 21.)

In the final phase of the redevelopment process, the Redevelopment Authority plans to prepare redevelopment proposals, through a request for proposal ("RFP") process. (Redevelopment Plan at 5.) These proposals would be reviewed by the Boards of Commissioners of LMT and Montgomery County. (Id.) If a proposal is accepted, the Redevelopment Authority would then be authorized to acquire properties via negotiations or eminent domain power in order to facilitate implementation of the plan by private developers. (Id.) Defendants elaborate on these uncompleted aspects of the process, primarily via the signed declaration of Angela Murray, Assistant Director of Building and Planning for LMT. (See LMT Mot. to Dismiss Amend. Compl. Ex. A [hereinafter "Murray Decl."].) Murray details the initial planning stages as outlined in the Redevelopment Plan, and notes that many additional phases remain. (Murray Decl. ¶¶ 1-7.) Murray states that LMT anticipates the project will change before the approval of the Redevelopment Proposal, because developers may suggest alternatives to the Redevelopment Plan as part of the RFP process, and the public may advocate for revisions at numerous public hearings. (Id. ¶¶ 7-9.) Murray notes that since the specifics of the project have not been finalized, it is unclear which properties, if any, will be affected by the project. (Id. ¶ 10.) Furthermore, FTA approval is required...

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