A Westmoreland County judge on Thursday deferred a ruling on a request from the Burrell School District to authorize approval for a $1 sale of the closed Stewart Elementary School building and surrounding property to a local developer.

School officials are seeking judicial approval for the plan, approved earlier this year, to sell off the nearly century-old school building and 8.44 acres of property to local developer David Ziccarelli. Ziccarelli wants to build up to 46 single-family homes on the site.

The school board voted in October 2024 to close Stewart at the end of that school year, citing declining enrollment, costly infrastructure upgrades and the opportunity to consolidate to better meet students’ needs.

The building was officially shuttered June 4, 2025. It has sat vacant since.

Burrell School District Business Manager Jennifer Callahan testified the deal is expected to generate substantial revenue through real estate taxes assessed on new homes built on the site. The district also stands to save as much as $85,000, which is how much it pays to maintain the building and grounds and to keep it secured.

The deal, she said, calls for Ziccarelli to pay demolition costs, estimated at $700,000, and half of the the $370,000 needed to remediate asbestos from the school.

She defended the district’s decision to seek out Ziccarelli for the development and forgo seeking competitive proposals from other potential buyers.

“We looked at similar properties and looked at four of his recent developments and condo plans in the city,” Callahan testified. “The district discussed what was in its best interest and not to seek individual proposals.”

Ziccarelli was not called as a witnesses.

Three district residents objected to the proposed deal, saying additional proposals should have been sought, suggested other uses for the former school site and objected to the process district officials used to facilitate and notify the public about the sale.

“I just have a problem with the way this was done,” said resident Michael Pish. “Why not put it up for bid.”

Common Pleas Court Judge Scott Mears said he will review the district’s procedures over the next several weeks to determine if the sale meets legal requirements.

The judge said his role is not to address pros and cons of the proposed deal.

“Maybe you can put a price on it, but I have to deal with the process. I don’t know if there should be a public auction because you could have a buyer who is not responsible,” Mears said.

“It’s not up to me to have a say on how the property is used. It’s only up to me to say if the sale is proper.”