With the state Department of General Services promising a lawsuit if they moved ahead, the South Fayette commissioners last night tabled a rezoning plan that would affect part of the Mayview State Hospital property.

The new zoning district, created by the township with the Mayview property in mind, protects open space by restricting uses to recreation or low-density residential. The township's plan is to apply it to the upper portion of the Mayview property -- the former geriatric center, which lies adjacent to South Fayette's Fairview Park.

The main portion of the Mayview property -- the part east of Mayview Road -- would retain the business park zoning designation the commissioners put in place earlier this year.

South Fayette solicitor Jon Kamin said he received an e-mail from the state earlier yesterday seeking more information and threatening a suit. The state, which closed Mayview at the end of last year, wants to sell the 300-acre for the highest possible price.

"We have said repeatedly that we are interested in seeing development proposals and are willing to work with one that we think is worthy," said commissioner Sue Caffrey, who made a motion to go ahead with the rezoning but got voted down.

Mr. Kamin said he recommended tabling the plan more as a favor to the state than out of fear of their legal threats.

"Zoning is purely a legislative act," he said. "This will not be overturned, because it is within our legislative prerogative."

The issue will be back for a vote Dec. 21.

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