Newtown Sewer Authority v. 42 University LLC

Executive Summary

Case #2024-03151 is a significant eminent domain and condemnation proceeding initiated by the Newtown Bucks County Joint Municipal Authority (NBCJMA, aka Newtown Sewer Authority) against 42 University LLC. Commencing on May 17, 2024, the litigation concerns a “Declaration of Taking” regarding real property.

Valentine’s Day Veto: The High-Stakes Battle Over Newtown’s Proposed Sewage Plant

On February 14, 2025, while the rest of the world was exchanging chocolates and roses, Newtown Township Manager Micah Lewis was busy delivering a breakup note for the ages. In a formal letter addressed to Michael Menditto of the Newtown Bucks County Joint Municipal Authority (NBCJMA), the Township didn't just express concern—it issued a scorched-earth declaration of war on municipal stationery. This isn't your standard bureaucratic disagreement; it is a high-stakes showdown that signals the start of what promises to be a long period of bureaucratic trench warfare. While the NBCJMA has been quietly laying the groundwork for a new sewage treatment facility, the Township has officially drawn a line in the sand, demanding an immediate abandonment of the project.

The proceedings have been marked by the intervention of third-party financial interests — KRE Upper Macungie Associates L.P. and Webster Bank, National Association — and complex disputes regarding just compensation, specifically the assessment of statutory delay damages.

As of April 2026, the case has progressed from the initial taking to the filing of a “Report of Viewers” and subsequent motions by the Authority to list the condemned property for sale. This briefing is based on the results of a 27 July 2026 search on Case #2024-03151 (see Docket search results here and the Docket Entries here).

Case Overview and Metadata

Category	Details
Case Number	2024-03151
Case Type	Declaration of Taking — Eminent Domain/Condemnation
Commencement Date	May 17, 2024
Last Filing Date	April 27, 2026
Presiding Judges	Charissa J. Liller, James M. McMaster, Raymond F. McHugh
Primary Plaintiff	Newtown Bucks County Joint Municipal Authority
Primary Defendant	42 University LLC

Involved Parties and Legal Counsel

Plaintiff: Newtown Bucks County Joint Municipal Authority. Represented by Jessica L. Vanderkam.
Defendant / Condemnee: 42 University LLC. Represented by Andrew Lawrence Miller and Geoffrey Richard Johnson.
Intervenor 1: KRE Upper Macungie Associates L.P. Represented by Marc B. Kaplin and Pamela M. Tobin.
Intervenor 2: Webster Bank, National Association. Represented by Gleb Epelbaum.

Procedural History and Chronology

Phase I: Initiation and Intervention — May 2024 to September 2024

The case began on May 17, 2024, with the Authority filing a Declaration of Taking for real property. Within one week, KRE Upper Macungie Associates L.P. filed a petition for the appointment of a Board of Viewers.

By August 2024, both Webster Bank and KRE Upper Macungie Associates L.P. petitioned to intervene in the matter. Judge Charissa J. Liller formally approved the intervention of both parties on September 24, 2024.

Phase II: Financial Petitions and Compensation — October 2024 to November 2025

A critical milestone occurred on October 30, 2024, when the court granted the Authority’s petition for “Payment into Court” pursuant to 26 Pa.C.S.A. § 522. Nearly a year later, in September 2025, the parties entered a “Stipulation for Payment of Proceeds of Condemnation.”

By late 2025, the focus shifted to valuation and damages:

September 26, 2025: The Defendant and KRE Upper Macungie Associates L.P. filed a motion for the assessment of statutory delay damages.
October 10, 2025: The “Report of Viewers” and a “Stipulation of Fact” were filed.
November 2025: The Authority filed a formal reply and verification opposing the petition for assessment of statutory delay damages.

Phase III: Property Disposition and Ongoing Disputes — March 2026 to April 2026

March 6, 2026: The Authority filed a petition to list for sale and sell the condemned property pursuant to 26 Pa.C.S.A. § 310(a)(3).
March 26, 2026: The Defendant filed a formal response in opposition to the sale of the property.
April 27, 2026: A hearing was scheduled before Judge James M. McMaster. The Defendant and Intervenor KRE also filed a response opposing the Authority’s motion to quash their petition for delay damages.

Key Legal Issues and Statutes

26 Pa.C.S.A. § 522 — Payment into Court: Used by the Authority to deposit funds with the court, likely representing estimated just compensation.
Statutory Delay Damages: A major point of contention between the parties. The Defendant and KRE maintain that they are entitled to delay damages, while the Authority has moved to quash the petition.
26 Pa.C.S.A. § 310(a)(3) — Sale of Condemned Property: Invoked by the Authority to seek court permission to sell the condemned property.
Board of Viewers: Requested early in the proceedings to provide an independent assessment of the value of the condemned real estate.