Politics & Government
Catholic Shop Sign Fight Continues
The owner of St. Jude Religious Store in Willow Grove has appealed District Judge Jay Friedenberg's ruling.
The contested "Catholic Shop of Willow Grove" sign remains, daily fines are accruing and more court proceedings are likely in the future.
St. Jude Stores President Russ Davis has filed an appeal of Willow Grove District Judge Jay Friedenberg's July 17 judgment for Upper Moreland Township.
The $671.40 award gave the township the power to begin charging a $500 per day fine for every day the sign remained after the initial five days following the judge's decision, according to Upper Moreland's attorney, Kate Harper.
With the appeal, the matter will be heard at a yet to be determined date in the Montgomery County Court of Common Pleas.
"We're following through," Harper said. "We're going to counter it."
The township has maintained that Davis received a permit to install a sign at 125 York Road–where his store is located–but instead placed a sign at 133 York Road, which officials contend is township property.
Since the sign went up in December adjacent to memorial park, Davis has received notices from the township requesting that he either remove the sign, or submit an application to the zoning hearing board to determine if it could legally remain.
Davis, according to both sides, did neither, prompting the township's filing of a civil complaint, which Friedenberg heard on July 16.
When reached for comment Wednesday afternoon, Davis said he's gotten offers from officials in Abington and Hatboro about relocating his store there, but said the shop is called "The Catholic Shop of Willow Grove" for a reason.
"We always want to be in Willow Grove," Davis said. "We want to stay there if at all possible. If it comes to a point when customers can’t find us then we’d have to investigate moving."
Davis told Friedenberg in court that he needed the sign adjacent to memorial park because his customers had trouble finding his newest location after his relocation last year.
Since his business is "seasonal" and dependent upon the Catholic milestones his customers are reaching, Davis said he offered, as a negotiation, to remove the sign on Dec. 31, 2014.
"I think after two years most of the customers would have gone through the different seasons," Davis said. "They would all know where we are again."
Davis said that offer was made a "couple months ago" to Upper Moreland. Another offer, he said was to move the sign to the top of the roof line."They’re just very, very difficult to negotiate with," Davis said of township officials.
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"These are not taxpayer funds," Harper said. "These are his funds."
The township obtained a $13,000 award in another recent zoning case, she said, adding that such cases are "pretty boring" and "happen every day."
The difference, she said, is that, "most people comply. He doesn't want to comply."
Harper said Davis is getting plenty of free advertising now regarding his Willow Grove store's location.
"I think he's actually getting publicity from the fight," she said.
When asked what the township would use the wall for if Davis' sign was removed, Harper said she had not asked the Upper Moreland Commissioners, but said the party wall was part of the park backdrop. The space had been used previously for a Christmas lighting service, she said.
Allowing the sign to remain "suggests the township is endorsing or advertising a private business," Harper said. "This does not fit any of the things that are allowed."
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