Public Comment Sought in Jaindl Case

Zip. Zero. Nobody.

Not one concerned citizen of the Lower Macungie community, not one member of the Friends for the Protection of Lower Macungie showed up the township Zoning Hearing Board on Sept. 21.

The semi-judicial body is considering testimony surrounding the issue of whether the zoning ordinance passed in July 2010 that would allow 600 acres of township farmland is valid.

Robert Rust, attorney for the appellants, opened the meeting by resting the appellants' case in order to preserve financial resources that are going to be needed to address the appeal of last week's that invalidated the changes to the zoning ordinance on procedural grounds.

Attendance at some previous sessions . Others have been better attended by concerned citizens who want to preserve the farmland. But the latest meeting was devoid of even one.

And this time Zoning Hearing Board Chairman Bill Royer and Brian Higgins could not proceed without them.

At issue -- because the appellants have rested their case -- are motions by Peter Lehr, the attorney for the township commissioners and Joseph Zator, attorney for Jaindl Land Co., to end the proceedings because, they say, the lawyers for the appellants have "not even come close to meeting the burden of proof for their case."

Lehr's motion for a compulsory non-suit was presented because the appellants "have failed to establish a cause of action," he said.

Zator presented Royer and Higgins with a motion to dismiss the case for basically the same reason.

Both Lehr and Zator were clear, however, that if their motions were denied they would proceed with their cases and present expert witnesses.

"I suggest it does not make any sense to spend the time, the energy or the taxpayers money," Zator said, to proceed with presenting either the township's or Jaindl's side of the case.

Zoning Hearing Board Chairman Bill Royer said he could not possibly consider the motions without public input.

"The public needs to know about this. And frankly, I'm disappointed. It's important for township residents to express their views and feelings. I'm disappointed there's no one here. It's imperative to hear from people before I decide on these matters," Royer said, "There won't be another opportunity if they don't know."

Earlier in the meeting, Lehr asked Royer to exclude from evidence that were exchanged between the township and representatives of the Jaindl Land Co. that illustrate the state of discussions between the two at various stages.

They were conditionally entered in months ago when Royer said they could stay if the appellants could prove their relevance during the course of the proceedings.

Since that has failed to occur, Lehr said, the documents should be excluded.

At Malkames and Royer's suggestion, Rust will provide -- in seven days -- a memorandum that will tie together the substantive issues of the case and show the relevance of the documents.

The Zoning Hearing Board will reconvene at 6:30 p.m. on Oct. 12.