Andrew Bellwoar recently tried a 7 week Federal case that ended in victory for his client, the CEO of a charter school. The charges were obstruction of justice and conspiracy. News of the verdict brou...ght tears to the eyes of the client. This case was the largest of 6 fraud cases the US Attorney's Office for the Eastern District of PA has brought against charter schools since 2005, and it was the first to go to trial.
Contracts and agreements
The Intersection of Contract Law and Land Use Approvals
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OUTCOME: Verdict in favor of Bellwoar's client.
In this case, a developer and a municipality resolved a land use appeal by entering into a written agreement, whereby the municipality approved a concept plan attached to the agreement. Once the devel...oper went through the land development process, he received approval to develop a large commercial property, including the construction of a hotel. Thereafter, the developer wanted to change the approved use from a hotel to apartments. After numerous discussions and presentations to the municipality, the developer claimed that at a public meeting the elected officials approved the use, density and layout for apartments, with a written document to follow, and all open issues to be addressed in land development. According to the municipality, it accepted the use, density and layout subject to the developer resolving remaining issues -- such as grading and preservation of historic trees -- before the municipality would approve the requested change to the concept plan.
The developer claimed that the municipality thereafter failed to follow through on its approval and sued for breach of contract, declaratory judgment and specific performance. The developer presented an expert report that concluded that the developer had suffered $5 million in damages because the township refused to allow the developer to move ahead with the "approved" plan for apartments.
The issues in this case joined at the intersection of contract law and land use law. Andrew Bellwoar and Susan DiGiacomo, as counsel for the municipality, presented a dual defense: No contract was formed at the open meeting as there was no meeting of the minds, and a municipality cannot enter into a contract and/or approve a land development plan unless there is a formal motion and vote by the elected officials.
The hotly contested trial took 3 days, with the Court issuing a verdict after studying the testimony.
Land use and zoning
Real Estate & Development
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OUTCOME: Approvals to develop
Obtained approvals for a School District to build a new early learning center and elementary school, on an expedited basis, navigating through difficult condemnation, zoning, and land development issue...s.
Commercial real estate
Protecting the Employer
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OUTCOME: Huge settlement award for client
Client employs many salesmen; one quit and went to work for a competitor--but this employee had signed a non-compete agreement. We filed a lawsuit for the client-employer, and as a result of pursuing t...he other side (both the former employee and his new employer) and discovering information harmful to their defense, we obtained a large settlement for the client...and sent a message that the employer is serious about enforcing its rights.
