Dueling lawsuits filed in battle over Philly Family Court development site

The wrangling over a canceled Family Court development project landed in courtrooms Wednesday, with dueling lawsuits filed by the Philadelphia Parking Authority and a Conshohocken developer over control of the Center City site.

The authority, which owns a parking lot at 15th and Arch Streets where a $200 million Family Court facility was to rise, says developer Donald W. Pulver lost his development rights when the state court system canceled the deal last month. The agency wants a Common Pleas Court judge to rule that Pulver is in default.

Pulver, though, insists he still holds the development rights to the property, and says he's ready to get to work. He sent the Parking Authority a notice telling it to stop parking cars on the lot by Friday.

His lawyers also filed a Chapter 11 case in U.S. Bankruptcy Court in Philadelphia for Northwest 15th Street Associates, the partnership that holds the air rights for development of the lot.

"Chapter 11 is particularly well-suited to providing everyone with a thorough, independent, transparent review that will give the project a fresh start," Pulver said in a statement.

The courthouse deal was supposed to be under way by the end of this month, until The Inquirer reported in May that Pulver was splitting his development fees with lawyer Jeffrey B. Rotwitt, who also represented the courts in the transaction.

Pennsylvania Supreme Court Chief Justice Ronald D. Castille, who is personally overseeing the project, canceled Pulver's deal May 26. A day later, Rotwitt was fired by his law firm, Obermayer Rebmann Maxwell & Hippel L.L.P. The FBI then began a criminal investigation this month.

Castille, who has authorized $12 million in fees to Pulver, Rotwitt and others, has said that he knew nothing about Rotwitt's dual roles.

Gov. Rendell, who controls a $200 million state appropriation for the courthouse, announced that the state would replace Pulver as developer.

The legal fight could add more delays to construction of a new courthouse, which lawyers and court advocates have sought for a decade. Family Court cases - including divorces, abuse hearings, and juvenile trials - are now heard at 1801 Vine St. and 34 S. 11th St., both outmoded and inadequate buildings.

A lawyer hired by Castille to conduct an independent investigation of the project, William G. Chadwick, said he expects the legal wrangling to be resolved quickly, in the courts' favor.

"The thrust here is that all the parties are driving to get this building built on an expedited basis," Chadwick said.

The statement from Pulver sounded the same theme, saying the bankruptcy filing "could save the Family Court's building from complicated legal battles that could stall the project for months, perhaps even years."

By going to Bankruptcy Court, Pulver hopes to find a more hospitable venue than Common Pleas Court, which is under the supervision of the state Supreme Court. Castille personally oversees all Philadelphia court operations.

Pulver, who first obtained the development rights to the land in 2004, lists an unpaid bill of $595,000 owed to EwingCole, the architectural firm that did the plans for the courthouse, and $139,000 owed to Intech, the construction managers.

One issue that may be aired out in the court proceedings: Who owns the architectural plans? Pulver contends that he does. But court officials say the courts paid for them and they should go to the state Division of General Services.

Legal battles notwithstanding, Chadwick said the 15th and Arch site remains the best location for the high-rise courthouse. The state appropriation also specifies that the building should be built at 15th and Arch, he noted.

Rendell is willing to spend the $200 million, but the next governor probably would not be, he said.

"At this point, to scuttle the plans and scuttle the site and go from scratch would probably scuttle the project," he said.