Jul 29, 2014
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Jaindl Asks Court to Require $500,000 Bond From Appellants

David Jaindl fears Appellants' recent Supreme Court filing could financially harm his interests.

Jaindl Asks Court to Require $500,000 Bond From Appellants

David Jaindl, the man who wants to develop 700 acres of farmland in Lower Macungie Township, filed a petition in Lehigh County Court several days ago, asking that the people who oppose his Spring Creek Development plan be required to put up a $500,000 bond to protect the Jaindl interests.

The "Appellants," the seven people named in the ongoing suits that have tried to halt Jaindl's Spring Creek Development plan, recently filed a petition with the state Supreme Court with the hope that their case will be among the 5 percent of cases filed that are chosen to be heard.

The issue, called "polarizing" by some, began in 2010 with the rezoning of 700 acres of farmland in the southwest corner of Lower Macungie Township. The Appellants, residents whose property could be directly affected by the development, have petitioned the township's Zoning Hearing Board and they have sued in Lehigh County Court to stop the development but have been defeated in their attempts.

Jaindl formulated a "Plan B" to the original development plan which allowed for up to 900 townhouses and several warehouses and commercial development in the hope that it would deter the Appellants from petitioning the state Supreme Court.

When it did not, Jaindl presented it to the Lower Macungie Township Board of Commissioners, saying that while he would like to proceed with the latter plan, the "Plan B" -- which calls for up to 400 homes and less commercial development and more park and preserved land -- he won't do it while there is ongoing litigation.

Additionally, Jaindl "filed a petition with the County Court requesting that the Appellants be required to post a $500,000 bond to protect Jaindl against some of the damages that he will suffer based upon further delay attributable to the frivolous actions of the Appellants and their attorneys," he said in a written release.

The Friends for the Protection of Lower Macungie Township, a grass-roots group that has supported the Appellants since 700 acres of farmland was rezoned early in 2010, responded on Monday to Jaindl's petition.

"Friends believes that any damages that Jaindl claims he is suffering as a result of the appeal are of his own doing because he took the risk to pursue costly subdivision of his land knowing that the zoning change was under appeal which could negate his subdivision plans if the appeal is won," they said in a written announcement posted on Lower Macungie Patch.

"Friends hopes the petition will be rejected because the appeal to the state Supreme Court is not frivolous," it said.

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