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Elderly woman's future hinges on council vote

WASHINGTON About three years ago, 77 year old Elsie Tilley's home was first eyed as an integral piece of the borough's downtown redevelopment puzzle.

Tilley's home, located on School Street, was one of three properties that developer Jack Van Cleef and borough officials envisioned would provide the adequate space and access points needed to create an expansive public parking lot to the Midtown Plaza redevelopment project on Route 57 and adjacent downtown locations.

Van Cleef eventually contributed $760,000 to the borough, which in turn began seeking the acquisition of the three properties to adjoin to an already owned municipal property for the planned parking lot.

With the prospects of being able to sell her home for $380,000 for the parking lot project, Tilley began to piece together her own puzzle for fulfilling her retirement dream, which involved purchasing a home across the river in Pennsylvania.

For about two years, borough officials and Tilley's attorney attempted to bring the sale to fruition, but a six decade old issue over the property's title continually delayed the closing. After about two years of legal proceedings, the title issue was successfully resolved earlier this summer and Tilley was finally ready to close the deal with borough officials.

But, Tilley's retirement dream quickly became a nightmare when Borough Council temporarily decided late last month to take the deal off the table, citing a change in financial circumstances they said no longer made this particular property purchase feasible.

Since that decision, several interpretations of the borough's responsibility has been brought to the table. Tilley's legal counsel said the borough is legally responsible to purchase the property, noting that the property was placed under contract to be purchased. Several residents have come forward to say borough officials are ethically and morally obligated to purchase the property; they say for some two years the borough had continually led Tilley to believe the property would be bought. Borough officials, meanwhile, maintain the municipal government was never legally responsible to purchase the properties under a legal arrangement they had with Van Cleef.

An fake van cleef engagement ring price outraged reaction from several members of the public during the Aug. 5 Borough Council meeting resulted in the council agreeing to reconsider its July 22 decision to not purchase the Tilley property. Borough Attorney Richard Cushing said, in light of the issues presented by Tilley's attorney and members of the public, council has agreed to reconsider the decision to determine if there is a way the group can still make the property purchase feasible. He also said he would contact Tilley's attorney, Tom Stover, to see if the two sides could enter into renegotiations. If the borough does not proceed with the purchase of the Tilley property, Stover indicated the possibility of bringing a lawsuit against the borough.

Cushing maintains that while the borough's deal with Van Cleef allowed the municipality to take assignment of the three properties including the Tilley home, the contract clearly states the borough did not have the legal obligation to close on the purchase of all of these properties. Borough officials said one of the properties has already been purchased and the deal on a second property is nearly completed.

Cushing noted a newer circumstance that borough officials fear could deplete the contribution from Van Cleef. According to Cushing, an already borough owned property within the planned parking lot area has been found to be environmentally contaminated. Cushing said the borough could face a very expensive bill if forced to complete certain remediation work by the state Department of Environmental Protection or federal Environmental Protection Agency. Cushing said council made the decision during a July 22 workshop meeting after the group "concluded the money isn't there for the Tilley property."

Cushing's explanation did not appease Tilley and several members of the public who came to the Aug. 5 council meeting to show their support for her.

Laura Oppen, of Full Financial Realty, scolded council, saying not moving ahead with the deal has resulted in Tilley being in danger of losing the retirement home she put money down imitation van cleef arpels ring on. Oppen also said Tilley, under the understanding council would close the deal, required a longtime tenant to move out, and now has no income being generated by fake van cleef and arpels diamond ring her property.

"Shame on you," Oppen said to the council. "Her life is hanging in the balance."

While Cushing said council had the right to use the Van Cleef money for other issues related to the parking lot other that property acquisition, Tilley's attorney and other supporters believe otherwise. Resident Dawn Higgins, a regular attendee of council meetings, said she was surprised council has used the Van Cleef money for parking lot engineering or other purposes. She said she was always under the impression the money was to be used for property acquisition.

With or without the Tilley property, different council members said the parking lot has been successfully designed by an engineer. But, representatives of Full Financial Realty said for the parking lot to function properly, the access point from School Street, Tilley's property, is a must.

The Wall

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