On June 11, 2013, the Pennsylvania Court of Common Pleas upheld the Lower Milford Township Board of Supervisors decision to deny the Curative Amendment application of Geryville Materials for a 628 acre quarry. Although the court found the operational provisions pre-empted, the natural resource provisions and our arguments were upheld.
The operational provisions, as interpreted by the Court, invalidates a section of of the Township Ordinance which deals with various requirements specified for operating the quarry. The Court rulled that such provisions are pre-empted by state law. However, it ruled that the Supervisors were correct in denying the Curative Amendment based on provisions in the ordinances outling the need to protect natural resources. This was in keeping with the arguments made by the Township and LMRA lawyers.
Geryille Materials immediately appealed the decision to the Commonwealth Court. The Township and LMRA lawyers are reviewing the decision to assess whether we should appeal the denied portion. This opinion is the 14th decision that has been in favor of the Twonship and LMRA. The is one remaining application for a smaller quarry before the Zoning Hearing Board. A decision is excepcted in the new few months. Then the emphasis will turn to legal issues as the local decisions are appealed. Our Planning Commission, Zoning Hearing Board, and Board of Supervisors and the Court of Common Pleas, Commonwealth Court and Supreme Court have all ruled that a Township is permitted to have ordinances to protect the health, safety and environment of the community.
The support of the residents for the Township and LMRA has been invaluable in this fight to protect our Township from adverse plans of developers.