Friday, April 19, 2013
David Jaindl signed the agreement earlier Thursday.
Unlike the nights that Lower Macungie Commissioners faced standing-room-only crowds and angry accusations, the township's five elected officials on Thursday unanimously and without fanfare approved the last piece David Jaindl's plan to develop about 700 acres of farmland. The settlement between Jaindl and the Appellants—the six people who were named in the almost three-year battle to prevent any development on the land—was approved at the April 4 meeting. Spring Creek Properties Subdivision Improvement Preliminary Agreement—version 8—which was approved Thursday, essentially approves Jaindl's "Plan B," which Jaindl, the Appellants and the board of commissioners agreed to after three years of often-bitter litigation. Specifially the …
Monday, April 8, 2013
Now that litigation has ended, David Jaindl explains the reasons behind the Spring Creek Properties rezoning.
- THE NEIGHBORHOOD FILES
Monday, April 8
By David Jaindl, Special to Patch After nearly three years, litigation involving my proposed mixed-use development known as Spring Creek Properties in Lower Macungie Township has been resolved. I initiated this settlement for two reasons—out of respect for the good faith efforts of the current township commissioners and in response to the input of several of the project’s neighbors. Based on four consecutive legal decisions in our favor, at the municipal, county and state levels, I was in a position to conclusively end all existing litigation inmy favor, without any discussion with the appellants. Instead, together with the township and the appellants, we worked to create a settlement agreement. In response to the township commissioners’ …
Friday, April 5, 2013
After three years of litigation, the Appellants, David Jaindl and the Lower Macungie Board of Commissioners come to terms.
In 4-0 vote, the Lower Macungie Township Board of Commissioners on Thursday agreed to accept and sign a settlement agreement ending three years of litigation that involved the BOC, David Jaindl and a group of six Lower Mac residents that came to be known as "the Appellants." Commissioner James Lancsek was absent. The terms involved compromise for all, but as Commissioner Ryan Conrad said before the final vote, "At least it's better than a quarry," which is what Jaindl originally said he would do with the land. The denouement of three years of hearings, court dates, protests and rancor occurred earlier this year when the Appellants applied to the Pennsylvania Supreme Court to hear the case and Jaindl unveiled "Plan B," a much less developed…
Friday, March 22, 2013
The man with the plan and the lawyer for its objectors comment on Thursday's settlement agreement.
David Jaindl attended but did not speak at the Lower Macungie Township Board of Commissioners' meeting Thursday. But after he left the meeting both he and Robert Rust, the attorney for the six people who objected to Jaindl's Spring Creek Development plan, gave their thoughts on the almost three-year litigation. A settlement was signed by Jaindl and the objectors Thursday after the group of six decided they could not come up with the $275,000 bond they were required to pay to continue. One of the objectors, Constance Moyer, said after the meeting that her group's "fight has not been in vain. Although we were not able to get rid of the warehouses in Mr. Jaindl's plan, much has changed during these years of conflict. So many people were upset…
Thursday, March 21, 2013
Appellants sign an agreement with David Jaindl ending their lengthy lawsuit over the Spring Creek Development in Lower Macungie Township.
Six objectors to David Jaindl's Spring Creek Development plan signed an agreement Thursday that ends their battle after almost three years of litigation. After Lehigh County Judge Michele A. Varricchio ruled on March 5 that the appellants had to pay a $275,000 bond to continue their fight, the objectors considered their options, according to an email release from Donald Miles, one of the lawyers for the appellants: Constance and Ronald Moyer, Gerald and Karen Kronk, and Joseph and Kimberly Castagna. Miles also asked the Pa. Supreme Court to hear the case, but has not received an answer, he said. According to Miles, the settlement agreement between Jaindl and the appellants provides the following improvements or changes to Jaindl’s original…
Wednesday, March 6, 2013
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 to require a $500,000 bond 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 …
Thursday, February 21, 2013
A county judge has upheld the decision of the Lower Macungie Township Board of Commissioners in approving Jaindl’s Spring Creek Properties subdivision plan
Thursday, February 21
The following was submitted by Jaindl Land Company: By Order of Court filed on February 19, Lehigh County Court of Common Pleas Judge Michele A. Varricchio upheld the decision of the Lower Macungie Township Board of Commissioners in approving Jaindl’s Spring Creek Properties Subdivision Plan. The Court concluded that the Lower Macungie Township Board neither abused its discretion, nor committed any errors of law in approving the Subdivision Plan. The Court ruled in favor of the Board of Commissioners and Jaindl on all issues presented to the Court for consideration. Obviously, Jaindl is pleased with the result, though not surprised by the decision of Judge Varricchio. This recent decision, together with the December 2012 decision of the…
Wednesday, February 20, 2013
David Jaindl will try to make sure his 'Plan B' is the one that is developed if and when the Appellants' law suit ends.
David Jaindl brought his revised plan for the Spring Creek development to the people of Lower Macungie Township Tuesday in what he hoped would be a comfortable setting at the township's community center. His hope, he said in last week's announcement of the meeting, was that such a presentation away from the formality of a board of commissioners meeting would create an atmosphere that would allow people to speak freely about his new plan which he says provides for more green space and less truck traffic. The seven people who have been suing him for the past two years, however, may make it impossible for him to proceed with the plan, he says. In order to go forward with it, Jaindl needs to have the active recreation portion rezoned so he can…
Sunday, February 17, 2013
David Jaindl hopes to make more township residents aware of his new plan to develop 700 acres of farmland in Lower Macungie Township.
David Jaindl and the Jaindl Land Co. will host a forum 6-7 p.m. Tuesday at the Lower Macungie Community Center in a further effort to tell township residents about the changes he has made to the Spring Creek development plan. The original plan, presented more than two years ago, included the construction of about 700 town homes, a commercial district and several warehouses on 700 acres of farmland in the southwest corner of Lower Macungie Township. The new plan caps the residential development at 400 homes. Some will be single family swellings, others will be part of a "55-and-older" community which will lessen the burden on the East Penn School District, say proponents of the plan. "Plan B" would also reduce commercial development to just…
Tuesday, January 29, 2013
David Jaindl fears Appellants' recent Supreme Court filing could financially harm his interests.
David Jaindl, the man who wants to develop 700 acres of farmland in Lower Macungie Township, filed a petition in Lehigh County Court several days ago, asking that the people who oppose his Spring Creek Development plan be required to put up a $500,000 bond to protect the Jaindl interests. The "Appellants," the seven people named in the ongoing suits that have tried to halt Jaindl's Spring Creek Development plan, recently filed a petition with the state Supreme Court with the hope that their case will be among the 5 percent of cases filed that are chosen to be heard. The issue, called "polarizing" by some, began in 2010 with the rezoning of 700 acres of farmland in the southwest corner of Lower Macungie Township. The Appellants, residents …