New Court Filings in Litigation to Restore and Enforce Scenic and Conservation Easements Prohibiting Landfill Expansion
A flurry of new court filings has been made in litigation brought by Lower Saucon Residents and their allies (St. Luke’s Hospital, Bethlehem Township, and the Delaware and Lehigh National Heritage Corridor) against Bethlehem Landfill Company and Lower Saucon Township.
The “declaratory judgment” case seeks a court order that upholds and enforces the scenic and conservation easements that had prohibited landfilling on property acquired by the Bethlehem Landfill Company from the City of Bethlehem. It also seeks a court order requiring the Township to rescind its rezoning that purported to allow landfilling on scenic and conservation property, thus preventing the landfill expansion on that land.
Copies of these recent court filings are below. They include: the residents’ and allies’ Amended Complaint to enforce the scenic and conservation easements; the landfill company “preliminary objections” seeking dismissal of the Amended Complaint; the residents and allies’ own preliminary objections to the landfill objections; and a brief with legal arguments in support of the residents and allies’ preliminary objections.
The most recent filing by the residents and their allies attack Bethlehem Landfill Company’s attempts to dismiss their claims by demonstrating that these attempts are procedurally incorrect. In their own preliminary objections, the residents and their allies raise the following deficiencies in the landfill’s filing:
- Misapplication of Preliminary Objections: The document highlights that the landfill company filed preliminary objections to the entire amended complaint, including parts not directly related to the landfill. Notably, they objected to Count II, which exclusively concerns actions by Lower Saucon Township regarding the conservation easements and zoning changes, and not the landfill company directly. The plaintiffs argue this is a procedural misstep, as the landfill company should not challenge claims not brought against it.
- Violation of Legal Procedure Rules: The landfill company’s broad objections, containing some 287 paragraphs, violate Pennsylvania Rules of Civil Procedure by failing to adhere to requirements that each objection should address only one material allegation. They suggest that the landfill strategy is intended to overwhelm the court system.
- Standing and Capacity to Sue: The landfill company lacks standing to object to Count II of the amended complaint. Since Count II is directed only at the township and involves legal questions about the applicability of certain conservation and zoning laws that do not directly involve the landfill company, the plaintiffs argue that the landfill company has no substantial, direct, and immediate interest in the outcome of this specific count.
- Request to Strike Objections: Based on these arguments, the plaintiffs request the court to strike the landfill company’s preliminary objections regarding Count II. They argue that the landfill company’s objections to this count do not conform to law or court rules, as they address claims not made against the company and involve issues where the company lacks standing.
St. Luke’s Hospital – Anderson Campus has filed its own appeal from Lower Saucon Township’s approval of the Bethlehem Landfill land development plan. It filed its Land Use Appeal with the Court of Common Pleas of Northampton County on January 4th. This court filing brings the number of legal proceedings currently pending against the landfill expansion to five.
St. Luke’s appeal attacks the township’s approval of a preliminary land development and lot consolidation plan, the granting of waivers from ordinance requirements, and approving the plan despite the illegality of the underlying rezoning of the land. The hospital argues that these decisions were flawed both procedurally and substantively, violated conservation easements, were contrary to the Township’s own land development ordinance and its comprehensive plan, and violated other legal requirements. It notes that the hospital was denied the opportunity to make statements or present any evidence in opposition to the landfill’s land development plan, thus denying the hospital due process and violating the state Municipalities Planning Code. St. Luke’s also contends that the decisions lacked substantial evidence and were made without adequate public participation. The appeal aims to reverse the township’s decision and calls for a reassessment of the application’s environmental and community impact and for the matter to be remanded to the Township for proper proceedings.
The case is likely to be consolidated with other pending legal challenges, with hearings to be scheduled by the Court. We’ll post additional information as it becomes available.
On September 19, 2023 residents filed a procedural due process challenged to the zoning ordinance adopted by Lower Saucon Township on August 30th. Lower Saucon Township violated the due process requirements of the municipalities planning code when council majority limited hearing comments to 3 minutes, and refused hearing comments from any affected individuals, municipalities, or organizations that do not live or pay taxes in Lower Saucon Township. The hearing also did not begin at 9am as advertised, and the procedures and conduct created a hostile environment for those attending.
CRD-LST strongly supports these courageous residents in their fight to protect the rights of all!
In response to Lower Saucon Township’s adoption of a new ordinance allowing landfilling “as of right” on conserved land, residents filed a substantive challenge arguing the rezoning amounts to unlawful zoning including spot zoning, contract zoning, and violations against the PA Constitution. These are just some of the arguments that residents claim should void the zoning ordinance.
BREAKING CITIZENS FILE SUIT TO PROTECT THE FOREST FROM LANDFILL DESTRUCTION
MAY 8, 2023 COURT DECISION GRANTING PROCEDURAL CHALLENGE AND INVALIDATING LANDFILL EXPANSION ORDINANCE AMENDMENT.
Order-and-Statement-of-Reasons-FILED-5.8.23Substantive Zoning Board Hearing Appeal
The complete Zoning Hearing Board Validity Appeal filed on January 17, 2023 can be downloaded at the link above.
Zoning Changes Approved by Township on 12/21/22
- Make landfills a Conditional Use instead of a Special Exception. This means the Landfill doesn’t need Zoning Hearing Board approval for landfill use.
- All previous environmental protections would be removed. Allows the Landfill to pay money in exchange for expanding rather than dedicate other land of equivalent environmental value for Open Space.
- Eliminate the Township’s site plan approval process for landfill uses.
Final Zoning Ordinance Amendment
The full text of the Zoning Ordinance Amendment, Ordinance 2022-2, as adopted by the Township is linked at: https://ecode360.com/laws/LO1675 under the heading Ord. No. 2022-02.
Land Use Appeal
On Friday, January 13, 2023, citizens of Lower Saucon Township filed an appeal against Lower Saucon’s rezoning of 275 acres of land. You can download the file here and read it. Click the Download button below.