The Upper Darby School District has filed an appeal in court challenging ordinances Clifton Heights Borough Council passed in May that would make it harder for the district to build a new middle school on Clifton’s 14-acre athletic field, writes Kevin Tustin for the Daily Times.

The school district filed a notice of land use appeal in the Delaware County Court of Common Pleas last week.

The appeal alleges the borough failed to comply with the statutory procedures of notice and enactment of zoning and land development ordinances under the Pennsylvania Municipalities Planning Code.

“Clifton Heights Borough forced the district to take this action to protect their property rights because Clifton Heights Borough failed to comply with the statutory procedures for notice,” read a portion of a press release sent out Thursday afternoon.

“This new middle school represents Phase 1 of a multi-year, multi-step process to improve the learning environments for Upper Darby students across the district.”

Clifton Heights leaders and residents have been against the middle school plan, noting that the proposed school site off N. Springfield Road takes away open space and the community grounds used for community events year round.

Read more about the district’s actions here.

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