Having found that developer Claude de Botton's lawsuit to prevent the development of the Ellis Preserve to be nothing more than a "ruse" to delay a competitor, Delaware County Court Judge Chad Kenny has ordered de Botton to post a bond of $ 1,297,362.60 a month, if he wants to continue his "frivolous" appeals.

Even for a rich guy like Claude, that's a lot of bread.

The order came down yesterday, more to follow.

UPDATE: I've got calls in to Claude's attorney, Jack Nilon and BPG's attorneys Marc Kaplin and Andy Reilly. Gee, I wonder why BPG hired Andy? Not that he isn't an awesome lawyer. Anyway, it's not like Claude didn't hire the Prince of Darkness himself, the brilliant Richard Sprague, to file suit against BPG in Philadelphia. Hopefully, I'll hear from some of them soon.

In the meantime, I did get hold of Steve Spaeder, President of BPG, who said this:

We're very pleased with the decision. It's consistant with what we have believed for a along time and were hopeful that it clears the way on de Booton's other actions against the project so that we can begin the development and (start) to the positive impacts that the community has long expected.

CORRECTION: The monthly bond required is $1,297,362.60, not $1,297,362.06, since corrected. It is based on the yearly cost for the delay as calculated by BPG and divided by 12.

UPDATE II: From Chad Kenney's decision:

NSE's approach in challenging the validity of the PRD Ordinance is therefore both frivolous and cynical.

As to the delay nature of this Appeal, NSE's Appeal is nothing more than a ruse to delay development of the Ellis Preserve Tract project. The principal of NSE, Claude de Botton, has a direct financial interest in delaying the development of the Ellis Preserve Tract. Mr. de Botton also owns a tract of land down the street from the Ellis Preserve Tract that Mr. de Botton seeks to develop as a similar mixed-use town center. It is clear that NSC's continuation of this Appeal is designed to delay the inevitable - a finding that the PRD Ordinance is valid. Therefore, NSE's Appeal is frivolous and done for the purposes of delay.

For some history on the case click here.

I've also placed a call to Newtown Square solicitor Bruce Irvine. I'm hoping to hear back from him too.

UPDATE III: I got a hold of Newtown Square Supervisor Joe Catania, who supported the township's final deal with BPG. He said,

I hope it ends the appeal so the township can stop wasting money on our solicitor litigation fees" to defend the township's zoning ordinance.

We have have costs involved with defending or appearing," Catania said. "Maybe Mr. de Botton is responsible for our fees as well... Now maybe they (BPG) can start building something so we can get the tax revenue. That's what we need."

I also called Supervisor George Wood, an oppponent of the project. Hope to hear back from him too.