Judge frees drawings for Family Court plan
The bankruptcy ruling was lauded, but a builder vowed the fight was not over.
In a ruling applauded by advocates of a new Family Court building in Center City, a federal bankruptcy judge found Friday that $6 million in architectural drawings were no longer part of a bankruptcy proceeding filed by developer Donald B. Pulver's firm.
The ruling by Judge Eric L. Frank increased the chances that the state would be able to start construction on the facility at 15th and Arch Streets before Gov. Rendell leaves office in January.
While the legislature has already appropriated $200 million for the project, Rendell must release the funding once he is satisfied that the project has been properly bid.
But Pulver's spokesman said the developer's fight in bankruptcy court was far from over.
Pulver filed for bankruptcy, hoping to maintain his developer's role and the architectural drawings, after his plan to develop the Family Court facility with lawyer Jeffrey B. Rotwitt was terminated by Pennsylvania Chief Justice Ronald D. Castille, who had been personally overseeing the project.
Before becoming Pulver's codeveloper, Rotwitt had worked for Castille to find possible sites for the courthouse and help oversee the project.
Castille said he had nixed the Pulver-Rotwitt deal after he learned of Rotwitt's role as codeveloper in The Inquirer - a role, Castille said, that put Rotwitt on both sides of the deal.
Rotwitt has denied any conflict, saying he became Pulver's codeveloper only after his work for the courts was over. He has also said everyone involved with the project, including Castille, knew of his role as codeveloper.
Pulver filed for bankruptcy in hopes the maneuver would prevent the Philadelphia Parking Authority, which owns the site at 15th and Arch, from revoking his development rights.
Pulver's lawyers argued in bankruptcy court that the architectural drawings belong to Northwest 15th Street Associates, his tiny Conshohocken development firm, not the state, because the firm had procured them with money paid by the courts. Had the drawings remained an asset in the bankruptcy, the procurement of new drawings could have caused delays and cost overruns.
Advocates of the new facility feared the project would have died if the architectural plans had not been released.
"This is the most critical step in all the legal proceedings," said lawyer Carol Tracy, director of the Women's Law Project and a longtime advocate for the new court.
A spokesman for Pulver said the developer was "disappointed with Judge Frank's ruling, and we disagree with his analysis of the case."
In a 26-page court filing Friday, Frank wrote that he had decided to release the drawings from bankruptcy because the ownership was ambiguous.
Attorneys for the state court system contended that Pulver was hoping to drag out the bankruptcy case to extract a big payout.
They argue that if construction is not be started before Rendell leaves office, the project could die.
Pulver spokesman Mark Nevins said other issues remained to be resolved before the bankruptcy case was concluded. "It would be premature to come to the conclusion that the [state] Department of General Services is now able to put it up for bids," he said.
There will be another hearing in the bankruptcy case Monday, but Nevins said it was unclear what actions would be taken, given Frank's ruling.
The planned building would put all of Family Court's operations under one roof. Currently, its cases - including divorces, abuse hearings, and juvenile trials - are held at two facilities in poor condition, 1801 Vine St. and 34 S. 11th St.
Advocates say both sites are outmoded and inadequate.
"I'm really glad they didn't have to start all over again," said Lynn A. Marks, director of Pennsylvanians for Modern Courts. "Even though we are concerned with how this project has been handled, we are delighted with the judge's decision to move forward."
Tracy, of the Women's Law Center, said she hoped that the ruling "clears the way for the Department of General Services to begin the bidding process and that ground can be broken."
"Hopefully, in 2013, people will be able to use the building," she said.