The future of what will become of the former Nativity BVM school building at Belgrade and Madison Streets lie on the decision of the Pennsylvania Supreme Court.

On Tuesday, March 11, 2014, oral arguments were heard at Philadelphia City Hall Courtroom 456 in the case of Glor­ia Mar­shall v. City of Phil­adelphia and Zon­ing Board of Ad­just­ment.

About 30 Port Richmond residents attended the hearing and the limited seating caused many to stand in the back to view the arguments.

City Councilman Bobby Henon and his legislative aide Lisa Deeley were present for the hearing, as was Marc Collazzo, Chief of Staff to State Rep John J. Taylor. Both Taylor and Henon represent Port Richmond on state and city levels.

Attorney Jon A. Marshall Jr. represented his mother, Gloria, a Miller Street resident in the case. According to court transcripts, Marshall sued the Philadelphia Zoning Board’s decision to change the zoning of the Nativity building from an elementary school into senior citizen apartments. This case is a long and confusing one and the following timeline shows the timeframe of events:

• 2008 Nativity BVM School closes and merges with Our Lady Help of Christians School and St. Adalbert’s School to create Our Lady of Port Richmond Catholic Regional School to be located at the St. Adalbert school campus at Thompson and Madison Streets.
• 2009 The Nativity BVM school building stays open as The Beacon Center, an afterschool program and summer day camp for neighborhood school children.
• 2009 The Arch­diocese of Phil­adelphia holds several community meetings to share plans to con­vert the former Nativ­ity BVM School in­to res­id­ences for seni­or citizens. Community support is overwhelming. They receive an $11 mil­lion grant for the pro­ject from the U.S. De­part­ment of Hous­ing and Urb­an De­vel­op­ment (HUD), one of the largest awards for a senior living project.
• August 2010- Squirt the turtle, a classroom pet at the Nativity BVM Beacon Center summer day camp, is the only witness to a random and senseless act of destruction and vandalism that happened on late Sunday, August 1 into the early morning hours of August 2. Armed with bolt cutters and an agenda to do as much damage as possible, a group of punks broke into the Nativity BVM Beacon Center at Madison and Belgrade Streets and completely destroyed the community center. Their crash course of vandalism started by ripping every fire extinguisher off the walls and spraying the foam, which contains sodium bicarbonate and nitrogen, all over the hallways, walls and classrooms, ruining everything in their paths. “We lost everything,” said Teri Mitchell, Director of the Nativity Beacon Center, as she tried to hold back tears as she walked through the hallways of the center. “We had to get rid of thousands of books, all our art supplies, our banners, our art projects, our building blocks, our games, our furniture; these vandals ruined our entire center.”
• Winter 2010 The Philadelphia Archdiocese wins approval in Philadelphia Zoning for zoning variances to transform the property from a school building to approximately 70 apartments for senior citizens. Over 1200 signatures are collected from local residents who live near the building in support of this zoning change and development.
• February 2011 Gloria Marshall sues the Philadelphia Zoning Board and their decision to allow the zoning variances in Philadelphia Court of Common Pleas. Marshall loses this decision as the Court affirms the zoning board’s decision. However, Marshall appeals the case with the Commonwealth Court of Pennsylvania-it is within that state court that Marshall wins and the zoning board’s decision is overturned. Attorney Marshall argues successfully that parking problems will multiply and multi-family units are not the norm in Port Richmond. He reasoned to the Commonwealth Court that Nativity BVM could have raised tuition to meet costs instead of closing the school. The Commonwealth Court rules in favor of Marshall.
• Spring 2011 Nativity BVM’s windows along Madison Street are smashed. Steps are sprayed with graffiti, as are doors and railings.
• Summer 2011-a group of 5-6 men are reported to Philadelphia Police Department for hanging in Campbell Square Park during the day, drinking beer, smoking pot and public urination. The group then takes to sitting on Nativity’s steps on Madison Street and allegedly start selling pot to cars and foot traffic.
• August 2011-Nativity BVM is broken into again and vandalized.
• Winter 2011 ice and snow cover the pavements of Nativity BVM property and nobody takes responsibility for its upkeep. A group of residents, concerned over senior citizens trying to walk safely, shovel the walkways themselves.
• 2012-the small schoolyard under the building becomes a dumping ground for tires and contractor waste. The walls are sprayed with graffiti.  Weeds are overgrown. Residents call the Archdiocese for maintenance and feel their calls are ignored. Windows continue to get smashed. Graffiti is an ongoing problem.
• April 2012-a prayer vigil is held in Campbell Square Park to pray for senior housing at Nativity BVM, 150 people show up and pray the Rosary.
• February 2013-The Port Richmond On Patrol & Civic Association, on request of the community of Port Richmond, works with a pro bono attorney to try and get the PA Supreme Court to hear an appeal of the case. In 8 degree weather, over 200 people attend a PROPAC rally for the senior housing in Campbell Square Park. This rally is attended by all local elected officials and receives news coverage of the fight for senior housing.
• 2014-the PA Supreme Court agrees to hear oral arguments in the case of Gloria Marshall v. City of Philadelphia and Zoning Board of Adjustment on March 11, 2014.

Now, it’s a waiting game as the community of Port Richmond holds its breath as the PA Supreme Court decides the fate of Nativity BVM. It cannot come soon enough as this past weekend, windows were smashed again on the building on March 16th. Graffiti covers the doors and steps. And Port Richmond waits.