On December 12, 2012, the Lower Milford Township Zoning Board heard the Geryville Materials arguments to continue with of the application for a 628 acre quarry that was filed in 2011. Geryville Materials argued that the application should be considered for two reasons: the first reason was that the zoning officer had made a determination about the way the Geryville Materials should proceed. Because a determination had been made, ruling that variances were required would permit the quarry application to go forward. Previous testimony indicated that the zoning officer did not issue a determination, but only a "heads up" suggesting that if the application were filed, it may need variances to the zoning ordinance before it could be approved. Geryville Materials' argument was that it was a determination and not a "heads up". The Township's attorney and LMRA's attorney both argued that the zoning officer could only give a suggestion since the issue of whether the variances were necessary was already been heard by the Zoning Board. The zoning Officer cannot predetermine conclusions when the Zoning Board is in the process of making their own determination. The second argument that Geryville Materials made was that the Zoning Board could not reject the application since the Surface Mining law indicated that regulation of quarry operations was the sole responsibility of the state government. They argued that DEP and the mining regulators are responsible to see that the quarry operations complied with Pennsylvania laws. The Township and LMRA attorneys argued that the issue of location and environmental concerns are within the purview of the Townships zoning ordinances. They recognize that they could not tell a quarry how to operate, but they could ensure that the quarry is meeting all of the environmental and local zoning ordinances that are required for ALL land uses.

After hearing the arguments, the Zoning Board rejected Geryville Materials arguments. They ruled that the zoning officer's letter was just a suggestion and not a determination. They ruled that this was grounds for rejecting the application. They then ruled, in the event that this ruling was rejected by the courts, that the application was rejected because the Zoning Board, in fact, had jurisdiction over the location of the quarry and that the application did not meet Lower Milford Township's zoning ordinances that are applicable.

This ruling was the 12th judgment at local and court levels that Geryville Materials had lost. Ironically, it came on 12-12-12. There remains only one application before the Zoning Board and local government that needs to be adjudicated. It is the 2009 application before Zoning Board for at 86 acre quarry on the same site.