ALLENTOWN, Pa. — Curtis Dietrich is now legally a Lowhill Township supervisor, according to Lehigh County Court.
The appointment comes after Lehigh County Judge Michele Varricchio ruled last week that the township didn't follow the correct procedure to appoint Dietrich after the resignation of a former supervisor.
- The Lehigh County Court of Common Pleas has appointed Curtis Dietrich to the Lowhill Township supervisors
- The court ruled last week that he was previously unlawfully holding the position because the township did not follow the correct procedure to appoint him
- Last week's decision could mean preliminary plans for Core5 Industrial Partners’ warehouse at 7503 Kernsville Road were rejected without a quorum and could be deemed approved
Following the ruling, the chairperson of the Lowhill Township Vacancy Board, Carol Betz, filed a petition with county court to appoint Dietrich.
Betz argued that Dietrich is “imminently qualified” for the position and that the previous decision was not an indication that he could not serve in the position.
The ouster was not based in any way on Mr. Dietrich’s fitness to hold office, or any wrongdoing, or mistake on his part.The petition to appoint Curtis Dietrich to the Lowhill Township Board of Supervisors
“The ouster was not based in any way on Mr. Dietrich’s fitness to hold office, or any wrongdoing, or mistake on his part,” the petition reads.
The court granted the petition on Tuesday, officially making Dietrich a member of the supervisors.
Dietrich’s removal
Varricchio ruled June 12 that Dietrich was not legally holding the position of supervisor because the township did not correctly appoint him.
Dietrich was appointed to fill the vacant position left by former supervisor Robb Werley’s resignation, which was announced on Oct. 6 but not formally accepted until Nov. 3.
Dietrich was appointed to the board at a township Vacancy Board hearing on Nov. 10, with only board Chairman Richard Hughes and the chair of the vacancy board present.
A vacancy board should convene “if, for any reason, the board of supervisors refuses, fails, neglects or is unable to fill a vacancy within thirty days after the vacancy occurs,” according to the Second-Class Township Code.
Varrichio ruled that according to the statute, a board of supervisors must take the full 30 days to try to reach an agreement about who should fill the vacancy before the vacancy board can appoint someone.
This decision could mean preliminary plans for Core5 Industrial Partners’ warehouse at 7503 Kernsville Road were rejected without a quorum and could be “deemed approved,” meaning it would be approved regardless of supervisors’ objections.
Dietrich’s lawyer said he intends to appeal the judge’s decision.
The case was brought by the Lehigh County District Attorney’s Office, which typically deals with criminal cases.
But the office has the jurisdiction to challenge officials it believes are sitting unlawfully, according to Chief Deputy District Attorney Lisa Cipoletti, who represented the office in the hearing.
