Upper Darby Mayor Ed Brown announced Wednesday that the township will withdraw its appeal to the Pennsylvania Supreme Court over the allocation of $800,000 in ARPA funding for the proposed Upper Darby Arts and Education Foundation Cultural Arts Center at Barclay Square.
The money was approved by council in 2023 for a plan at that time called the Barclay Square Arts and Education Center.
While the money was allocated by council, it was never acted on by then-Mayor Barbarann Keffer or later by Brown.
Upper Darby Mayor Ed Brown at an event in 2023. (PETE BANNAN-DAILY TIMES)
In March 2024, John Demasi and nine others sued the township, calling for the funding to remain for the foundation.
Over the summer, as the township pulled back other ARPA funds a prior council had committed to spend, Common Pleas Court Judge Barry Dozer issued a stay in September preventing the township from pulling back the money.
The township then appealed to the state Supreme Court to hear the case.
In November, Dozer ruled the township must move forward in distributing the $800,000 to the foundation, however there had been no announcement from the Supreme Court the case.
In November, 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.
The township was coming up against an end-of-year requirement to have the ARPA money allocated.
Brown said while he initially had concerns over how the funds would be distributed, particularly regarding the emphasis on rent and salaries over youth programming, after further reflection he decided, with council, to fully support providing this grant for the arts center project.
Brown said he was doing so in the spirit of cooperation and a commitment to “champion the interests of our kids and families.”
The township will work closely with the foundation to establish a subrecipient agreement for the center, Brown said in the press release.
“I am confident that our working together will ensure Upper Darby Township families experience the full benefits of our investment in the arts, while fulfilling the promise to enrich our community and provide valuable opportunities for our youth,” he said. “I want to extend my gratitude to all those involved for their ongoing dedication and partnership as we continue to strengthen Upper Darby’s cultural and educational offerings. Together, we will ensure this project serves our community for years to come.”