Final Resolution of 2004 Special Exception Application

On March 6, 2013, the Pa Supreme Court refused to hear the appeal of Geryville Materials regarding theZoning Board rejection of their application for a special exception to build a 268+ acre quarry at West Mill Hill Rd and Kings Highway. This ends the legal battle about the 2004 special exception application. After almost 9 years of legal wrangling and two appeals, the Zoning Board's decision was vindicated. The shame is that Geryville Materials has cost the Township and LMRA so much money to protect its ordinances against a developer that wishes to profit while harming the surrounding community!

There remains a sole application to build a smaller quarry before the Zoning Board. Hopefully, this will be resolved in Lower Milford Township's favor supporting the right of our residents to ordinances that does not ruin our quality of life.

Application for 628 Acre Quarry Rejected by Zoning Board

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.

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.

Geryville Materials Lose Appeal for Special Exception to Build 628+ Acre Quarry

One of the first things Geryville Materials did after it was incorporated in 2004 was to file for a special exception to build a 628+ quarry on Mill Hill at the intersection of West Mill Hill Road and Kings Highway. This would destroy the quality of life of Lower Milford Township by reducing property values, requiring added municipal services, and destroying our natural resources included rare protected plants and turtles.

On September 12, 2012, the Commonwealth Court affirmed the Court of Common Pleas of Lehigh Valley rejection of the appeal by Geryville Materials of the Zoning Board decision to deny a special exception to our ordinances. This was the first of several applications to the Zoning Board.  It was filed on August 25, 2004, and hearings continued for 5 years. At that point, the Zoning Board decided to set an end time for testimony. On August 26, 2009, after the final hearing was held, the Zoning Board denied the special exception.

Gerryville Materials appealed on the ground that the Board did not have the authority to deny further continuances and that they erred in imposing the natural resource protections in our ordinances. The Court of Common Pleas of Lehigh Valley denied the appeal on all counts in Sept 2011. The decision was affirmed by the Commonwealth Court.

Geryville Materials can further appeal to the Supreme Court of Pennsylvania but we hope that the court will refuse to hear it. This is the 11th loss the Geryville Materials has suffered in the courts and hearings. They still have 2 ongoing hearing at the Zoning Board. Hopefully, these hearings will conclude this year. However, residents should continue to fight Geryville Materials whose lawyer says that they only have to win once.