The long-embattled Coventry Park housing plan is one step closer to being built. Commonwealth Court last week upheld its "deemed approval," meaning it can go forward against the township's wishes.

The decision does not quite end the five-year court battle between Robinson and Coventry Park developer Steven Victor, but it may make the end near.

The township could petition the state Supreme Court, asking it to review the case, but the court has upheld similar decisions before. The decision could also impact a pending Common Pleas case; that court is considering whether to overturn the township's denial of Mr. Victor's plans for the first phase of Coventry Park.

"If the preliminary plan is approved, then the Phase One plan based on that preliminary plan should be approved," Mr. Victor said.

Township solicitor Sam Kamin could not be reached for comment.

Mr. Victor first proposed the plan -- for 66 homes on 42 acres along Clever Road -- in 2004. The trouble started when the township's zoning hearing board denied him a variance, saying his plan impinged on a small stream on the property. Mr. Victor went to court arguing that the stream was really more of a runoff swale and did not need to be protected.

The battle intensified in 2006, when Mr. Victor cut down trees and graded the property, destroying the waterway. The township issued an official cease-and-desist order; Mr. Victor went to court again, saying he had federal and state mining permits to remove coal from an abandoned mine on the property and did not need local permission to do the work.

Mr. Victor eventually won that battle. The mining was finished up about two months ago.

It now looks like Mr. Victor will also be able to build what he wants on the reclaimed property.

The appeals court in its ruling last week upheld the decision of the Allegheny County Common Pleas court, which ruled that a delay in township action on the housing proposal created a "deemed approval."

That happened after the township commissioners in December 2007 voted to deny the Coventry Park plans due to concerns about the disputed waterway. There was a delay in sending out a written decision; by statute the township has to give the developer a written denial within 15 days and Robinson was four days late.

Mr. Victor went to court, saying that the delay meant his plans were automatically approved. The township argued that Mr. Victor and others from his firm were at the meeting and were aware of the denial and the reasons for it. The court sided with Mr. Victor.

"It would be nice to have this over and get on with the business of building housing," Mr. Victor said.

He said the development -- now under the name Stafford Park -- is a Heartland Homes project, and that Heartland has been doing well despite problems in some segments of the housing market. "It would be nice to be under construction in July," he said.