Politics & Government

LMT Zoning Hearing Continued For Lack of Appellants' Counsel

All three lawyers for the appellants in the farmland preservation case had urgent snow storm and family-related matters that took precedence over their attendance at the Nov. 1 hearing.

The Lower Macungie Township Zoning Hearing Board met Nov. 1, but did not hear testimony, admit exhibits, hear closing arguments or make any decisions as planned.

The hearing board has been meeting regularly for months to try to judge the validity of surrounding the zoning amendment that currently allows development of hundreds of acres of township farmland.

Robert Rust, one of the three lawyers for the appellants, notified Zoning Hearing Board Chairman William Royer in writing early in the day on Nov. 1 to say he was not prepared for, and could not attend, the hearing due to a pressing family matter related to the Oct. 29 snow storm.

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The other two attorneys, Donald Miles and Thomas Anewalt, sent word to Royer at 5 p.m. to say they also had to miss the 6:30 p.m. hearing due to storm-related issues, Royer said.

The appellants' attorneys asked for a continuance of the hearing, but Royer said the board decided to meet to decide either go forward without the three missing lawyers or to openly discuss the continuance date instead of losing weeks by having to re-advertise another continued meeting.

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Though Mark Malkames, counsel for the ZHB, said it was acceptable for the hearing to continue without the appellants' attorneys, Peter Lehr, the township's lawyer, said he would not proceed because, "It would be bad form, bad procedure to present testimony when the other side is not present."

Lehr, whose demeanor at the quasi-judicial function has been consistently composed, appeared to cross into a low level of frustration.

"We show up," Lehr said, "We're better than that."

There is one attorney each for the township and the Jaindl Land Co., and Lehr continued to express annoyance that none of the three lawyers for the appellants attended the hearing.

"It's an excuse. If we said that, we would have to give reasons," Lehr said of Miles's and Anewalt's last minute announcements that they would not attend.

Furthermore, Lehr cited that appeared in the rail that runs the length of Lower Macungie Patch's home page that was added to the event announcement for the meeting.

The first comment was posted at 6 p.m. by Friends for the Protection of Lower Macungie Township, a group that describes itself as supporters and fundraisers for the appellants. It addressed what the writer assumed would occur at the hearing:

"An unprecedented decision has been made tonight ... to hold tonight's zoning hearing WITHOUT THE APPELLANTS' ATTORNEY -- ... The decision was made by the Board of Commissioners attorney, Mr. Lehr. This unprecedented callous treatment is another example of the Commissioners abject deference to Jaindl!" it said.

The Friends group posted a at 8:06 p.m., after the meeting, that began, "In an effort to clarify..."

The hearing was continued to 6:30 p.m. Nov. 10 and will be held in the township building's ballroom which is adjacent to the regular meeting room.


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