Jaindl Opponents Must Pay $275,000 to Keep Fighting

Lehigh County Judge Michele Varricchio says if they want to continue, they must post a $275,000 bond.

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."

Mark Spengler March 06, 2013 at 11:16 PM
Why are we rezoning the remaining agricultural land in Lower Macungie Twsp? It's not just this huge parcel of land mentioned in the article. The land next to Allen Organ will be rezoned shortly to allow a massive amount of apartmetns to be built. It should also be understood that Ron Eichenberg of the Fredrick Group is the listing agent and also happens to be Lower Mac. board president. If you are interested in changing this behaivor you need to vote for Ron Beitler and Brian Higgins in the Republican primary coming up in May.
Vic March 07, 2013 at 01:36 PM
Mark I agree with what u said about they need to vote and get eichenberg out.That area is getting out of hand by just giving Building permits and rezoning permits out.At the rate the boro,s and townships are going they just may as well have a walk up window in there building and pay a fee and hand them permits to build excellent farmland.They really need to stop building in that area.
Ron Beitler March 07, 2013 at 02:22 PM
@Vic you are correct. It's very simple and am taking my time to explain this to people when I'm hitting doors. Take Allen Organ as an examlple. The land was zoned commercial. The owner had by-right permitted uses. A developer came and wanted to build a supermarket. Ok fine, that was permitted under the zoning. The problem is, the supermarket alone did not make enough money for the developer to purchase the site so the developer decided they needed apartments also. In rides the developers best friends our current board of commissioners. Can't make enough money out of what's allowed on the property? That's ok! The board will just change the rules for you! And they did..... They CHANGED the zoning to allow housing AND a supermarket on one small parcel. They increased the intensity/density to facilitate the develop. We created a mixed use zoning ordinance to accomodate a sketch plan. If they hadn't the development would have been much smaller if not remaining open space another decade. The realtor on the site (just take a look at the sign on the property to see who!) probably laughs his way to the bank at least a quarter of a million dollars richer.


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