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The Zoning Board Hearings regarding the application to build a quarry at West Mill Hil has been postponed until there is a resolution of the appeal of the Commonwealth Court of the Planning Commision decision. The Township has appealed the decision and LMRA has joined in the appeal. Since the decision has a important influence on how both parties will proceed, it was agreed to wait to see what the outcome will be before proceeding.
Lower Milford Township has another WIN in the higher courts! On June 18, 2014, the Commonwealth Court of Pennsylvania upheld the decision made by the Lower Milford Board of Supervisors to DENY the Geryville Materials 2004 application for a Curative Amendment which would allow them to establish a quarry on 628+ acres in Lower Milford Township. Geryville Materials position had been that they were being denied use of their land by the Township Zoning Board. The Township and the LMRA were successful in defending the denial of the Curative Amendment Application in both the Court of Common Pleas Lehigh County (June 2013) and in the Commonwealth Court of Pennsylvania (June 2014). We suspect Geryville Materials will appeal this decision to the Pennsylvania Supreme Court.
Geryville Materials and others in the community would have us believe the quarry battle is over (based on the March court ruling on the preliminary land development plan for an 84+ acre development site on the 628 acre property) - IT IS NOT! The latest PA court decision again proves that the fight is NOT over. Based on the Supremem Court decision for a smaller quarry, the Planning Commission must approve the preliminary land development plan submitted by Geryville Materials but the plan can be subject to over 25 Planning Commission conditions Even then, Geryville Materials still cannot start any development on the property BECAUSE THEY DO NOT HAVE ZONING APPROVAL. Their 2009 zoning application is still before the Township Zoning Hearing Board and they have yet to prove their case. At the moment, these zoning hearings have been temporarily placed on hold. On July 7, the Planning Commission will reopen discussion regarding the Land Development Plan. The plan is preliminary. Geryville Materials MUST receive zoning approval for the plan to be valid, and that still has not happened.
It has been a long 10 years, and the path to conclusion is still far away. Each decision by our Boards will be appealed as Geryville Materials had previously. And the certainty of a quarry that some in the Township have intimated as a "done deal" is still not true. Your support at the Planning Commission on July 7 is appreciated. LMRA will be their to support the Township.
Geryville Materials won an appeal after 15 losses in 9 years (with no prior wins). The Commonwealth Courts of Pennsylvania overturned the Planning Commission’s and Court of Common Pleas Lehigh County’s decisions regarding their 2009 land development plan. While the court decision is extremely disappointing for us, we need to look at it in perspective. On the surface, Geryville has won this appeal. But this is not the whole story, nor is it where the story ends. The Township and the LMRA have been successfully fighting this zoning battle for the past 9 years. While Geryville wants to make it appear that they have won. THEY HAVE NOT. This decision DOES NOT mean the quarry is automatically approved and Geryville will begin blasting and digging. Geryville must first get zoning approval for the development. This has not happened. Their 2004 zoning application was denied, and the 2009 zoning application is still in hearings. Additionally, the Township has the right to appeal the Commonwealth Courts decision regarding the PC ruling reversal. We need to remain diligent and strong. The LMRA will continue to fight and do what is right for all citizens of Lower Milford Township.
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You membership helps pay for our legal defense. Also, strong community support is notice to Geryville Materials that we will not permit destruction of our Township.
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