Jaindl 'Pleased' With Spring Creek Court Ruling

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 Commonwealth Court and the earlier decision of the Township Zoning Hearing Board, collectively demonstrate that both the Township and Jaindl have acted lawfully and well within their rights with each and every step involving the Jaindl plans.    

The Spring Creek Properties Subdivision Plan underwent careful scrutiny for many months by the Lower Macungie Township staff, Planning Commission, engineers, and Solicitor prior to review and approval by the Board of Commissioners.  The level of review of this Plan far exceeded what most subdivision plans experience in the majority of townships.  

Jaindl believes that the filing of the Appeal was part of a continuing effort aimed at delaying the lawful and appropriate use of Jaindl land.  Jaindl is optimistic that this Court decision, together with prior favorable decisions and Jaindl’s proposed “Plan B”, will provide an opportunity for the Appellants to conclude all litigation relating to this project.

David M. Jaindl, President

Jaindl Land Company