Though Penn sold its off-campus astronomical observatory on June 29, details concerning who will run the facility remain uncertain.
The University sold Flower and Cook Observatory in Malvern, Pa., along with about four acres of surrounding land, to neighbors Philip and Elizabeth Harvey without placing it on the open market.
Now in dispute is the Harveys' plan to lease the observatory to a local group of astronomers. The parties have yet to settle on the duration and details of a lease.
The $420,000 sale took place because "the observatory no longer functions as a meaningful scientific resource for the Astronomy Department," according to School of Arts and Sciences Vice Dean Ramin Sedehi, in a May 26 letter to Biochemistry and Biophysics professor Paul Liebman.
However, a group of local amateur and professional astronomers, calling themselves Flower and Cook Observatory supporters, are upset by the sale. They fear that the community's previously open access to the observatory will now be restricted.
"The buyer is not astronomically minded," according to former Penn Astronomy lecturer and FCO supporter Deborah Goldader, who describes the sale as "behind the scenes" and a "dastardly deed."
Yet Associate General Counsel for the University Roman Petyk maintains that the Harveys -- who purchased about 30 acres of the land on which the observatory sits in the mid-1990s -- "were very cooperative and very responsive to our concerns that, while the observatory is no longer a scientific asset to our astronomers, it is still an important resource for the community."
Although a lease agreement was presented to the FCO supporters, the group is unsatisfied with its "unreasonably restrictive" terms, according to FCO supporter and Penn alumnus Bruce Holenstein.
Goldader refers to the proposed lease as "something we couldn't really work with."
Of primary concern to the FCO supporters is the length of the contract -- 15 years.
"For an observatory that has optics that are 100 years old, 15 years isn't a lot of time at all," Holenstein said, suggesting that a lease of about 30 years would be more palatable for the group.
"The FCO supporters had some fairly unrealistic expectations about the terms of the lease," said Petyk, who added that the Harveys simply wanted a shorter term in order to see how things would work out.
Whether or not an agreement can be reached will be determined shortly. Next Tuesday, Sept. 28, marks the end of a 90-day period during which Penn and the Harveys were expecting to find a charitable, tax-exempt organization to which the Harveys could lease the property.
Under the sale agreement, Penn had hoped that the FCO supporters or another entity would complete a lease prior to sale. Since that did not occur, the 90-day period was added, according to Petyk.
"It's a reflection of [the Harveys'] continued willingness to provide access to the community for the long-term future," Petyk said of the additional 90-day period. "They want to do the right thing."
However, some FCO supporters are skeptical of the Harveys' benevolence.
"If they were that open and willing, then why won't their lawyer even answer our phone calls?" Goldader said. "They have never, ever met with us face-to-face. They won't."
"We've tried but not had any success in opening a dialogue with the ... buyer," Holenstein said.
Another concern of FCO supporters is the seemingly low price the Harveys paid for the property, considering the astronomical instruments that were included.
"We know that there was stuff left behind that had a historic value to it," Holenstein said. "One of [the telescopes] ... is made with optics that were built by John A. Brashear. ... [It's] a historic and priceless type of telescope."
However, Physics and Astronomy Department Chairman Tom Lubensky -- who described the observatory as "old" and "decrepit" -- said the telescopes "are not without interest, but they're not really antiques."
"Times change. You just have to live with it," he said.
Yet Petyk said, "The University did obtain an appraisal of the property, and the price did reflect that appraisal."
It could not be confirmed how the profits from the sale will be used.
"Fundamentally, this is an argument about the terms of the lease," Petyk said. "The FCO supporters don't like the terms of the lease that has been offered to them."
Goldader said, "Our group is hoping that a different lease would be negotiated within the next week."
Yet Petyk remains optimistic.
"There's a failure to recognize the good will on all sides. This is a relationship that will work itself out to the benefit of everyone," Petyk said.
Nevertheless, some FCO supporters are still concerned.
"The fear that we have is that someone is going to say ... "Time's up,'" Goldader said.
Vince Donahue, the Harveys' lawyer, did not return requests for comment.
