Poor Attendance at Lower Macungie Hearings

Roe v. Wade.
Brown v. Board of Education.
Streck et al v. Lower Macungie Township and Jaindl Realty.

The case hasn’t yet reached  the Supreme Court, but some involved in the
Jaindl  controversy would like to see it heat up to supreme levels in
coming weeks.

The object would be to have the public crash the doors of the hearing room
demanding zoning officials to “Save our farms!”

The dispute stems from the agreement between Orefield-based Jaindl and the
township to develop  600-plus acres of mostly farmland into 4 million
square feet of warehouses, 700 homes, a  443,000-square-foot shopping
center, a convenience store with 16 gasoline pumps and a sit-down
restaurant.

Jaindl lawyers contend they proposed to build this as sensible alternative
to a 700-plus acre quarry, their first initiative for Lower Macungie zoning
officers.

The Friends for Protection of Lower Macungie Township and others say the
township rushed and hid negotiations that lead to an  unfair deal between
Jaindl and the township.

They want the area to remain mostly as farmland, preventing an increase of
water flooding streams, rivers and properties -- a common washout already
seen in the township in recent years..

“As a citizen, I think this precedent would be a terrible one,”  said
Robert Rust III, a resident of Lower Macungie and one of two attorneys
representing residents who live near the proposed development. Rust is also a member of the Lower Macungie Zoning Board, though he has recused himself from that role for these procedings.

“This started in August, and we’re finally getting to the substance, where
we tell the story why this decision needs to be overturned.

“We will learn why the appellants are being hurt.”

Appellants are people who appeal a legal decision.

Rust said four couples and two single people are initially suing over the
project. More may follow, he said.

And that’s where  the touching, emotional  drama will be, he predicted.

During the upcoming Zoning Hearing Board Appeal hearings, these appellants,
led by Thomas Streck and other effected residents will explain why they are
challenging the ordinance change negotiated with Jaindl.

The case is formally called Streck et al vs. Lower Macungie Township and
Jaindl Realty.

“Their story impacts every citizen of  Lower Macungie Township,’’ Rust
said. “People are encouraged to attend as many of the upcoming sessions as
they can. ”

They will be held at 6:30 p.m. in the Lower Macungie Township board room on
July 14, July 25 and Aug. 10.

The intended sequence of the presentation will feature historical
prospective via questions and answers of Jim Lanscek, zoning officer; a
walk through of the highlights of the appellants appeal, testimony of
appellants and expert testimony regarding the proper way to adopt an
ordinance of this scope and magnitude, Rust said.

Joseph Zator, a key attorney for Jaindl, said attendance at the
Jaindl-Lower Macungie Township hearings has not been overwhelming.

“With the number of hearings we had so far … and that‘s been quite a few…
there has certainly been no interest by the residents, even with the media
hype,” Zator said. “Virtually no one has been in attendance, not even the
appellants filing litigation.”

William Royer, the zoning board's acting chairman, and board member Brian
Higgins will make a decision on the case.

Royer wasn’t afraid to speak out.

“The issue has an impact on citizens, so we’d like to see more people
interested,” Royer said. “The appellants will frame their issues into it. A
lot of acres will change in respect to farmland. Our view is to give both
sides a fair and equitable hearing.

“Brian Higgins and I are the two board members. Mark Malkames is our board
attorney."