A judge ruled Thursday that Upper Darby Township must move forward in distributing $800,000 of federal American Rescue Plan Act funds to the Upper Darby Arts and Education Foundation.

In the ruling, Common Pleas Judge Barry Dozer found that the township must move forward with immediate and absolute compliance on the money it had encumbered.

Dozor said the Ordinance 3141 clearly specified specific uses for the funds to the Arts and Education Foundation for specific uses set forth in the ordinance. They include rent, remodeling and the operational cost to create the Barclay Square Arts and Education Center.

In June 2023, the previous council, after months of stalemate, unanimously approved the $800,000 for the Upper Darby Arts and Education Foundation to create the Barclay Square Arts and Education Center.

That money was part of over $11 million in ARPA funds approved that year but never acted on by then-Mayor Barbarann Keffer or current Mayor Ed Brown.

In 2024 the township administration decided to spend those funds on revenue replacement to bridge a budget shortfall on investments into long-term capital funding to improve the township’s financial position.

On March 10, residents sued the township, calling for the $800,000 to be given to the foundation. Dozor agreed, prohibiting the township from moving it into revenue replacement.

In October, the township appealed that decision and asked the state Supreme Court to become involved.

The township council was concerned last week that a deadline would pass before a court ruling.

The details

Dozor ordered the township to establish within 20 days a bank account for the $800,000 to be transferred for use as established in the original ordinance.

He went on to say that within 45 days, the township and foundation should meet to ensure the payment, availability and use of the funds.

Dozor said his court shall retain jurisdiction on the matter.

Dozor said failure to comply could jeopardize the availability of a portion of the funds and cause a loss of opportunity for the township as well as a further budgetary quandary for the township.

In reaction to the ruling, Arts and Education foundation President Joe Lunardi said the foundation is going to proceed cautiously, but that with the ruling he hopes the mayor or chief administrative officer reaches out to say “let’s move forward.”

He said the foundation’s longstanding wish was to never litigate, and they weren’t a party to the original lawsuit.

In March 2024, John Demasi and nine others sued the township, calling for the funding to remain for the foundation.

Lunardi hasn’t heard whether the state Supreme Court will hear the township’s appeal.

“We would like to get back to doing what we do best, which is summer stage and teaching kids,” Lunardi said. “We want to have a year-round arts center and a home in Upper Darby. We don’t want to be pushed out of Upper Darby.”

“Every dollar we are spending on court we aren’t spending on kids,” Lunardi said. “We’re not politicians. We hand kids instruments and teach them how to sing and dance.

“Let’s sit down and be grown-ups,” he added.

Mayor Ed Brown and Chief Administrative Officer Crandall Jones have not returned a request for a comment.