Group Fights Proposed Land Development

Posted: 10:59 pm EST December 1, 2010Updated: 10:18 am EST December 2, 2010

LOWER MACUNGIE TWP., Pa. -- The rezoning of agricultural land has some taxpayers in the region furious. A group of citizens in Lower Macungie Township, Lehigh County has filed a lawsuit against the board of commissioners saying they made a closed door deal with the property owner. It's 500 acres in the western part of the township. The owner once wanted it to be a quarry, but the plan was met with major opposition from the public. So, the board of commissioners voted to rezone the land to include residential, commercial and industrial space. David Jaindl also donated 166 acres of park lands and allocated 125 acres to preservation. Still, some of the taxpayers said the rezoning is illegal and filed a lawsuit. "We can win this and there's a possibility that we can return the zoning to what it was before which is an agricultural district," said Tom Streck, chairman of Friends for Protection of Lower Macungie Township. The group accuses Jaindl and the Lower Macungie Township Board of Commissioners of making the rezoning deal behind closed doors. "This kind of thing needed to be done in public rather than private then put in front of the public and rushed through," said Bob Rust, who is an an attorney on the zoning board but has recussed himself from this case. "I'm not sure I was not part of the meetings," said Joseph Pugliese, a newly-elected member of the Lower Macungie Board of Commissioners. "How the meetings where held. All I know is we were given a proposal back in the early part of the year and that's what I used to make my decision." Pugliese said, in the interest of avoiding a long legal battle at the taxpayers' expense, he voted to rezone. He said he is just happy the end result wouldn't be a quarry. "I felt that what had been proposed to the township had been the least of two evils," said Pugliese. But opposition alleges that the mere change in zoning was illegal. "The county has a comprehensive plan that we spend a quarter of a million dollars updating that has this land preserved for farmland preservation," said Lehigh County Commissioner Percy Dougherty. Landowner David Jaindl said the project creates 166 acres of park lands and preserves an additional 125 acres, which will never be developed. He said he eventually plans to include business and residential uses, but wasn't specific. As for the nature of the meetings with the township over the last two years, Jaindl said a representative from the last board of commissioners contacted him to initiate discussions regarding alternatives to the quarry proposal. Jaindl said the discussions continued with township representatives when the new board of commissioners took office. Jaindl didn't say whether those meetings took place behind closed doors. Copyright 2010 WFMZ. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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