Upper Darby Township will drop its appeal to the Pennsylvania Supreme Court over the allocation of $800,000 in federal grants for the proposed Upper Darby Arts and Education Foundation Cultural Arts Center at Barclay Square.
In July 2023, as part of the American Rescue Plan Act, Upper Darby Township Council awarded $800,000 of the federal funding to the Upper Darby Arts & Education Foundation (UDAEF) for the creation of a cultural arts & education center at Barclay Square.
According to a statement by the UDAEF, the foundation immediately began to develop a plan and for “an innovative, inclusive, impactful Cultural Arts & Education Center.” The foundation also crowd-sourced more than one million additional dollars for the project.
While the federal money was allocated by Council, it was never released by then-Mayor Barbarann Keffer or later by current Mayor Ed Brown.
In March 2024, several residents sued the township, calling for the fundinthe mony to be turned over to the foundation.
Earlier this year, as the township attempted to withdraw other ARPA funds a prior council had committed to spend, a common pleas court issued a stay preventing the township from holding back the money.
The township then appealed to the state Supreme Court to hear the case.
In his statement regarding the lawsuit, Brown said initial misgiving he had about the collaboration between the township and the arts foundation had been resolved.
“Initially, I had concerns regarding how the funds would be distributed, particularly regarding the emphasis on rent and salaries over youth programming,” Brown wrote. “However, after further reflection, we agree, in the spirit of cooperation and a commitment to champion the interests of our kids and families, to fully support providing this grant to the Arts Center project.
To move forward, the Township will work closely with UDAEF to establish a sub-recipient agreement for the Cultural Arts Center. 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.”