Former PASD Super Wins Suit Filed by District

A Chester County Common Pleas Court judge has ruled that David Noyes did not breach his contract with the Phoenixville Area School District over the purhcase of land for a new elementary school.

Judge Edward Griffith issued a ruling last week in the case which had been ongoing since 2008, but stemmed from a 2005 purchase of a piece of property in Kimberton that the district made from the construction management firm. The PASD planned to develop on the property, but the notion was aborted when the area was found to be contaminated with toxic substances.

The land is located off Hares Hill and Coldstream Road.

The school district sued Griffith, who was superintendent from 2003-2008, for breach of contract. The district claimed that Noyes did not provide school board members with all the information they needed to make an informed decision on the purchase. The school district was seekiing $2.8 million from Noyes.

According to a report on the ruling posted by the Chester County Daily Local, the court shot down that argument, saying basically that school board members were provided all the information Noyes had on the property but that board members simply failed to read it.

In response to the ruling the School District issued this brief statement, saying the district would have no other comment on the case:

The Phoenixville Area School District has been informed a decision was entered in favor of former PASD Superintendent Dr. David R. Noyes in a breach of contract action filed by the District.  The ruling by Judge Edward Griffith concerned the purchase of land by the District in 2005.  The property in question is no longer owned by the School District.

The original seller eventaully agreed to buy the property back from the school district.

Read more about the history of land purchase at the center of this case here on Phoenixville Patch.