Lehigh County Judge Michele A. Varricchio on Monday ruled that the seven people who have been opposing Jaindl Land Co.'s Spring Creek development plans must post a $275,000 bond if they are to proceed with their case.
In January David Jaindl asked the courts of the Appellants to protect, he said at the time, "against some of the damages that he will suffer based upon further delay attributable to the frivolous actions of the Appellants and their attorneys."
Appellants' attorney Donald W. Miles said in an email Tuesday that Varricchio's Yesterday's ruling could put an end to the Appellants' request to be heard by the state Supreme Court.
"[Varricchio] will issue a written order to post a bond in the next day or two and if the $275,000 bond is not paid within 30 days with she will quash (terminate) the appeal. That final order would then be communicated to the Pa. Supreme Court and they will then dismiss the Petition for Allowance of Appeal. Appellants have not decided whether to appeal this bond ruling to Commonwealth Court. An appeal would need to be filed within 30 days of the judge's bond order," Miles said.
The Appellants don't have that kind of money, he said.
The only reason Varricchio gave for deciding in Jaindl's, not the Appellants', favor may or may not be found in the words she said before leaving the bench.
"She stated the appeal was 'not frivolous' -- a mandatory requirement for imposing a bond -- but then imposed a bond anyway because, she said, 'This needs to end now.' Counsel for appellants are at a loss to understand what she did," Miles said.
Jaindl said in a release Tuesday that he's pleased with Varricchio's decision.
"It is now appropriate that if these citizens wish to continue their frivolous attacks yet even further, they should be required to absorb some of the financial consequences of their actions," Jaindl said, "It is time to end the legal battles."