ALLENTOWN, Pa. — Legal battles continued Monday in rural Lowhill Township's supervisors' fight against warehouse developments.
Arguments were heard by Lehigh County Judge Michele Varricchio regarding a proposed warehouse at 7503 Kernsville Road.
Township representatives and the company Core5, which proposes the warehouse, argued about the legitimacy of appointed township Supervisor Curtis Dietrich in a vote that rejected the warehouse proposal in 2022.
Core5 attorney Frank D'Amore argued that the procedure was incorrect for Dietrich to act as a de facto supervisor, rendering the vote was valid.
The judge did not issue a formal decision Monday, but indicated a prior decision on the vote's legitimacy would be upheld by requesting an argument from township attorney Anthony Sherr on the planned following argument, about whether the warehouse could be legally denied based on current property laws.
"There's a lot of levels to this," Sherr said.
'Legally ineffective' or de facto officer?
Varricchio ruled in June 2023 that Lowhill supervisors Chairman Dietrich was improperly appointed to the board after former supervisor Robb Werley resigned.
Lawyers with Core5 argued then that there was not a quorum at the meeting where supervisors rejected their plan, so the denial was “legally ineffective.”
But in the Aug. 8 decision, Varricchi ruled that Dietrich still had voting power when he denied the warehouse plan, even though he wasn’t legally appointed to the board.
He acted as a “de facto officer,” she ruled.
Following that, the question of whether township supervisors had the right to deny the warehouse — legal vote or not — still must be determined.
The decision relies on factors such as property laws, environmental factors and zoning. At the time it was proposed, industrial uses such as warehouses were permitted in the area.
According to the township, legal filings to appeal Core5's desired "deemed approval" status were made, and are dependent on the decision on the issue discussed Monday.
A large warehouse in a rural town
An initial plan for the now-100,569-square-foot warehouse at 7503 Kernsville Road previously was rejected by town supervisors and courts over safety, environmental impact and preserving the rural character of the 2,000-person township.
The warehouse plan would consolidate two parcels into a 22.21-acre lot on the northwest corner of the Kernsville Road and Orchard Road intersection.
A new plan reducing the size of the proposal recently was lambasted by Lehigh Valley Planning Commission officials for its scale, impact on natural resources and the lack of road and utility infrastructure that can support it in the location.
The LVPC stated that the project goes against the priorities of current plans such as the Northern Lehigh Multi-Municipal Plan and the regional Future LV plan.
But because it was submitted before the township's proposed zoning changes went into effect, it is a legal development.
To prevent further large warehouse proposals in areas that township officials say would have a negative impact on the area's quality of life, a zoning update is in progress in coordination with other nearby municipalities as part of the implementation of the Northwestern Lehigh multi-municipal comprehensive plan.
That lets the burden of allowable use to be shared and fine-tuned among the municipalities, and has been spoken of as a key tool against undesired development such as large warehouse developments.
Lehigh Valley Planning Commission is set to review plans for Lowhill Township's zoning update this week.
Township fighting many legal battles
The spark for this battle was part of astring of rejections from Lowhill Township supervisors.
County judges previously ruled that Lowhill supervisors did not have a legal basis to deny other warehouse plans at Route 100 and at Betz Court.
Those plans were given "deemed approval," or approval by the court, despite township supervisors’ denial and resident outcry.
The proposed warehouses have garnered fierce opposition from the resident group Northwestern Lehigh Residents for Smart Growth.
It argues that the warehouses would increase traffic, impact the environment and contribute to the decline in a rural way of life.
The township’s ability to pay for an appeal recently was called into question after supervisors accepted a bid to fix Narris Road for almost $532,000 after a section of it collapsed.
The road likely will need further repairs.
The township’s total budgeted expenditures for 2024 are about $1,792,000.
The projects remain on hold as appeals and litigation continue.
