Geryville Materials Appeals Curative Amendment Denial by the Board of Supervisors

On October 17, 2012, the Court of Common Pleas of Lehigh Valley heard oral arguments on the appeal by Geryville Materials contesting the denial of the Curative Amendment permitting a 628+ acre quarry on West Mill Hill by the Board of Supervisors. The Board of Supervisors denied the Curative Amendment application on February 2, 2012 finding that Geryville Materials did not meet the requirements for a valid challenge after approximately 7 years of testimony. Geryville Materials appealed that decision. The appeal was heard by the Court of Common Pleas of Lehigh Valley. The arguments before the Court are summarized below:

Geryville Materials:

  •  argued vs. the "undue restrictions" allegedly contained in Lower Milford Township's zoning ordinance. 
  • argued for "pre-emption'"(p.e.) by DEP of the above ordinance
  • claimed Lower Milford Township Board of Supervisors capriciously disregarded much of J. Ross' testimony by questioning his credibility. (Mr. Ross was the plaintiff's main witness)

Lower Milford Township:

  •  claimed GM has not proven the "unduly restrictive'" issue
  •  re "pre-emption": cited multiple cases illustrating that p.e. does not apply to this type of case
  •  re J. Ross: a) Lower Milford Township Board of Supervisors did not  capriciously disregard his testimony, b) details in the record show that  the Supervisors acted judiciously

 Lower Milford Residents Association:

  •  questioned J. Ross' credibility by citing multiple reasons used by the Supervisors
  • claimed that Ross is a "biased witness"
  •  re "unduly restrictive" ordinance: cited multiple Commonwealth & PA Supreme Court findings that supported the local municipality's ordinance
  •  noted a lack of testimony about the 'uniformity' of Geryville Materials' property with the balance of the Township's properties
  • John Ross has testified about  the viability of an 80 ac quarry, which equates to the validity of the Board of Supervisors cure decision
  • plaintiff has not provided testimony showing "economic hardship"
  • cited numerous higher court decisions regarding land use claims & the yardstick used therein

 Board of SUpervisors:

  •  joined with Lower Milford Township's position in defending the local ordinance

The Court ended the Hearing. A decision will be rendered in the next few months.