Dunn resigns council position, borough named in civil complaint
By PAT FRIDGEN

NANCY DUNN

Echo Pilot

Moss Spring Estates residents are forging ahead in their quest to be dropped from a homeowners association in their neighborhood. One result of the legal tangling is Nancy Dunn stepping down from Greencastle Borough Council.

Dunn submitted her resignation to Council President Charles Eckstine March 19. On the advice of her attorney, Dunn said she had to choose between being a plaintiff in court proceedings with her neighbors, or being

a defendant with borough council.

"It's important to me to protect our property and stand by our Moss Spring neighbors," said Dunn, who with her husband Jack is a plaintiff in a complaint against the borough. "I was the first to go before the council in 2007 to resolve this before going to court. We have no other recourse now."

Dunn was elected in November and sworn in for a four-year term Jan. 7.

"I'm disappointed to be unable to fullfill my term. There is lots of work to be done and I was willing to help with the work," she said.

Eckstine said Monday of the resignation, "There's nothing official that I know of."

Moss Spring Estates residents are continuing their fight over a homeowners association in their neighborhood. One of those residents, Nancy Dunn, has resigned from borough council.

Borough Manager Kenneth Womack was aware Dunn had been considering resigning but did not know it to be a fact yet.

Borough council next meets April 7.

Court proceedings

Last week a band of residents from Moss Spring were in front of Judge Richard J. Walsh in Franklin County Court of Common Pleas. On March 18 Walsh dissolved their preliminary injunction against developer Frank Plessinger. They had sought to prevent Plessinger from further development in Phase IIA of his Planned Residential Development that was outside the ordinances of the borough, that he not enforce the PRD terms and conditions on the single-family homes in the borough, nor enforce the deed of covenants, conditions and restrictions for the HOA. The borough families believe they are not a part of his PRD, which also extends into Antrim Township.

Walsh ordered that the plaintiffs' $10,000 bond be held pending further action by the court. Papers were also filed last week to add Jeff and Cheryl Smith to the list of plaintiffs.

Borough subject of

complaint

On March 20 a civil action complaint was filed against the mayor of Greencastle, the borough council members and the borough manager. Named as defendants were Robert Eberly, Charles Eckstine, Paul Schemel, Harry Foley, Christopher Grimm, Duane Kinzer, Craig Myers, Kenneth Womack and the Borough of Greencastle.

Plaintiffs are families in Phase I of Moss Spring Estates, specifically Angle, Dunn, Ebbitt, Everetts, Forrester, Glaser, Guy, Litrenta, Marx, Mills, Mooers, Olivier, Westley and Wollaston.

No further dates in court have yet been scheduled.

On March 21 Womack sent a letter to Ben Thomas Jr., Antrim Township manager. He stated he had examined the final plan for the Phase IIB PRD, which includes land in the borough and the township. He said the borough had not received an application for approval of the plan and did not want it recorded without approval from borough council.

Womack added that Greencastle did not have a PRD ordinance and doubted council would ever approve it as submitted.

He concluded, "In any event, we wish to make you and your staff aware that if the current plan is approved by Antrim Township, none of the provisions associated with PRD requirements will be binding on the residents of Greencastle. This would include, inter alia, any stated PRD requirements for any kind of homeowners' association or organization."