Jaindl Spring Creek Court Battle Ends

Six objectors to David Jaindl's Spring Creek Development plan signed an agreement Thursday that ends their battle after almost three years of litigation.

After Lehigh County Judge Michele A. Varricchio ruled on March 5 that to continue their fight, the objectors considered their options, according to an email release from Donald Miles, one of the lawyers for the appellants: Constance and Ronald Moyer, Gerald and Karen Kronk, and Joseph and Kimberly Castagna.

Miles also asked the Pa. Supreme Court to hear the case, but has not received an answer, he said.

According to Miles, the settlement agreement between Jaindl and the appellants provides the following improvements or changes to Jaindl’s original plan and relief to the individual objectors:

• Proposed commercial development reduced from 443,000 square feet to 71,000 square feet;
• High-density residential dwellings reduced from 900 to 400;
• As a result, a benefit to the East Penn School District of fewer potential new students
• Increase in industrial-zoned land
• Increase in park land from 289 acres to 334 acres
• Additional open-space along Spring Creek Road
• 2-acre future site for a firehouse
• Additional landscaped berms, buffers and green space for the areas to be developed
• Privatization of the proposed extension of Sauerkraut Lane west of Spring Creek

• 5,000 trees to be planted within the land to be developed;
• 37 acres west of Butz Road (near both the historic Leister Farm and the homes of objectors) will be preserved as a greenway (provided there are no additional legal challenges to Jaindl’s development within 3 years)
• No traffic signal at Mertztown Road/Butz Road
• No truck traffic permitted on Mertztown Road
• Additional berms/buffers near objectors’ homes

Jaindl will also obtain some additional waivers and accommodations from Lower
Macungie Township as part of the settlement agreement, Miles said.

"The objective of the Appellants was to overturn the ordinance which they believed was illegally conceived behind closed doors and lacked proper notice, which, if successful, would have forced Lower Macungie Township and David Jaindl to start the process all over again," said Robert N. Rust, another of the appellants' attorneys.

That didn't happen, but the Spring Creek Development plan looks significantly different than it did three years ago, Rust said.

And though no monetary damages were part of the settlement agreement, Rust said, "The settlement agreement, if ratified by the township, provides significant monetary value:

• Plan B over Plan A now having the force of law (via the court approval) represents a significant give up by Jaindl and significant value received by the community & the Appellants
• 37 acres scheduled for residential development being held off the market for 3 years and permanently dedicated to open land so long as there is no litigation during the 3 year period represents significant value given to the Appellants and the community, particularly the school district
• Location of community park proximate to Route 100 provides value of convenience to the community and monetary value to the township via traffic reduction (elimination of traffic that would have otherwise under Plan A traveled through the industrial site to get to the community park)
• Private roads in the industrial site plus no egress/ingress of trucks on the northern side of the industrial site represents significant value to the township (not having responsibility for the roads) and for the Appellants (& community) not having trucks enter/leave the northern side of the industrial park.
•  Jaindl is offering significant dollar incentives to industrial purchasers to use rail transportation in lieu of truck transportation, which, to the extent, rail is used represents reduction in traffic.
• Particular value given to the Appellants by Lower Macungie Township if they waive required sewer-water hook up to the Appellants
• Particular value to the Kronks by Jaindl by putting landscaped berm interposed between residential tract & Kronk's home

Jaindl has yet to comment on the settlement agreement.

Check back as Patch will post more details on this story when we get them.