Citizens for Responsible Development – LST Applauds Court Filing in Legal Action to Protect Conservation Easements and Halt Landfill Expansion
Lower Saucon Township, PA – Citizens for Responsible Development – LST today praised the filing of a Motion for Judgment on the Pleadings by local residents in the Northampton County Court of Common Pleas. The motion seeks to reaffirm and reinstate scenic and conservation easements that safeguard more than 200 acres of land along the Lehigh River corridor. Significantly, the motion is based in part on the Township’s own admissions of fact in its pleadings.
The plaintiffs contend that Lower Saucon Township acted unlawfully when it attempted to release the easements without obtaining the required approval of the Orphans’ Court, as mandated by Pennsylvania’s Donated or Dedicated Property Act (DDPA).
About the Motion
The motion argues that:
- The Township admitted in its own filings that it improperly released the scenic and conservation easements, which had been established decades ago by the City of Bethlehem and Lower Saucon Township to preserve open space and serve as a permanent buffer to landfill operations.
- Any such release was void from the outset (“void ab initio”), because public trust property cannot be disposed of without judicial approval.
- As a result, the scenic and conservation easements remain valid, and the landfill is prohibited from expanding its operations into the protected area.
The relief sought includes a declaration that the easements are still in force, reinstatement of the Township’s legal obligations, invalidation of the Township’s approvals of landfill development plans, and an injunction preventing landfill expansion into the easement-protected lands.
Public Interest and Environmental Protection
The scenic and conservation easements cover more than 200 acres of hillside above the Lehigh River. They were originally recorded to preserve the natural and historic character of the area, including views from the Delaware and Lehigh National Heritage Corridor trail. The easements explicitly prohibit landfill activity to protect the landscape, recreational opportunities, and water resources.
“This action reflects a clear defense of the public’s interest in lands that were donated and dedicated for conservation and scenic and environmental protection, said K. McGovern, spokesperson for Citizens for Responsible Development – LST. “The plaintiffs have stepped forward to ensure that local government honors its obligations under the law and upholds protections that were intended to last for generations.”
Next Steps
If granted, the motion would result in a court judgment for immediate reinstatement of the scenic and conservation easements and a permanent bar on landfill expansion into the easement-protected area. The plaintiffs’ filing underscores that the protections are not merely symbolic—they carry legal weight designed to preserve natural and historic landscapes against incompatible development.
Citizens for Responsible Development – LST commends the plaintiffs for their leadership and vigilance. “This is an important milestone in the ongoing effort to protect our community, our environment, and the integrity of public trust land. We are proud to stand with residents who are committed to preserving the character and health of our township,” K, McGovern, CRD spokesperson added.
Contact:
K. McGovern
Citizens for Responsible Development – LST
Contact email: lstlandfillexpansion@gmail.com