State College Area School District pointed out the obvious in the most recent filing on the College Heights School building lawsuits.
Penn State is a school.
Solicitors for the district filed the response to the lawsuit brought by C. William Garner, Helen Garbrick and Michael, George and Edward Homan, the heirs of Adam and Rebecca Krumrine, the couple who donated the land where the elementary was built more than 80 years ago.
The family’s suit demands the land back because the building, which is no longer used as a school, is being sold to the university.
The district’s response? No.
As in SCASD’s first filing in the case, the new documents deny that the family has the ability to enforce the provision of the deed at the heart of the issue. In turning the property over, the Krumrines included language stipulating that it be used to build a school by September 1931, and if it wasn’t used for school purposes, it had to be given back.
The district said this language is “legally insufficient and should be dismissed.” But if the court doesn’t dismiss it outright, they argue the sale still doesn’t negate that use.
“Assuming (the language) is a valid restrictive covenant that continues to this day, ownership and use of the property by Penn State University would constitute a ‘school purpose,’ ” the document reads.
Penn State is set to use the property for University Press offices.The purchase price is $400,000.
The building stopped being used as an elementary school about 40 years ago, and since then, the district has most recently used it for printing and office space.