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Politics & Government

Some are Jubilant, Others are Silent in Response to Lower Mac Zoning Invalidation

All will wait to see what David Jaindl and his lawyers do next.

“Ya, Hooooo!!!” wrote Mary Kutish on Sept. 2 on the Friends for the Protection of Lower Macungie's Facebook page.

A Lehigh County judge has found a crack in the foundation of David Jaindl’s plans to build nearly 700 homes, 4 million square feet of warehouses, a 400,000-square-foot shopping center, a convenience store with 16 gas pumps and a restaurant on 600 acres of farmland in Lower Macungie Township.

The question is: Will it all come tumbling down?

Lehigh County Judge Michele A. Varricchio issued a decision on Aug. 31 that said Lower Macungie Township failed to properly notify the public of zoning changes before they were ratified in a public meeting.

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Varricchio said the township’s efforts to advertise changed in the ordinance omitted important details, as did the 1998 ordinance that was to be changed. It also failed to disclose the purpose of new classes in zoning.

Jaindl and his key lawyer, Joseph Zator, were not available for comment on Sept. 2, but others involved in the cases said he had two real options at this point.

“They can appeal to the court, and they have 30 days to do that,” said Donald Miles, an attorney representing residents who filed challenges in Lehigh County  court and before the township‘s Zoning Hearing Board.

“Or they can resubmit the ordinance and go through the process…and not ram it through this time.“

Connie Moyer, 73, has Jaindl property touching the front and back of her home on the township's Butz Lane.

She is an appellant in the case, and a week ago spoke to Zoning Hearing Board. She’s also a member of the Friends for the Protection of Lower Macungie.

“This will change our way of life,” she said. “This is some of the best farm land left in the Lehigh Valley.

“I guess Jaindl will appeal. But I feel they should start over and have an open meeting where people have a input. Hopefully, they will go back to square one.“

So now questions linger about the property bounded by Smith Lane and Mertztown, Spring Creek and Ruth roads in southwestern Lower Macungie.

“We have to hear from the appellants and see what their intentions are in the appeal,” said Mark Malkames, attorney for the zoning board. “The board can’t call it off on its own.

“As was said in Alice in Wonderland, ‘It gets curiouser and curiouser,' " Makames said.

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