Dietrich reinstated as Lowhill supervisor
BY SUSAN BRYANT
Curtis R. Dietrich contacted The Press on June 22 to say he had been reinstated as a supervisor for Lowhill Township.
He said township Vacancy Board Chairwoman Carol Betz filed a petition in Lehigh County Court of Common Pleas to have him immediately reappointed supervisor.
Dietrich was appointed supervisor after former Supervisor Rob Werley handed in his resignation before the Lowhill supervisors meeting on Oct. 6, 2022.
Because of a lack of legal representation, a vote to accept his resignation was not taken at that time.
Werley’s resignation which took effect on Oct. 7, 2022, was accepted by the two remaining board of supervisors on Nov. 3, 2022.
At that time, in an unsuccessful attempt they were unable to agreed on a candidate and fill the vacancy.
Because they were unable to agree on a candidate, the township’s vacancy board was convened for Nov. 10, 2022.
During the vacancy board hearing, Chairwoman Carol Betz and Supervisor Richard Hughes voted to appoint Dietrich as a supervisor and he was sworn in that night.
He has acted in the capacity of supervisor since the vacancy board hearing.
Supervisor George Wessner Jr., who knew about the hearing, was not in attendance.
On March 7, 2023, Lehigh County District Attorney James Martin filed a legal action on behalf of representatives for Core5, which is looking to build two warehouses along Route 100 and Kernsville Road in the township.
The position of Core5 representatives is Dietrich was appointed supervisor unlawfully at the vacancy board hearing.
On June 12, a nonjury court hearing was held before Lehigh County Court of Common Pleas Judge Michele Varricchio.
According to the court order, Varricchio stated Martin contended only the board of supervisors may act from the first day after the vacancy occurs until the 30th day after a vacancy occurs and the vacancy board cannot act until the 31st day after the vacancy occurs.
Varricchio stated Martin’s view was Lowhill supervisors had from Nov. 3, 2022, until Dec. 3, 2022, to fill the vacancy created by Werley’s resignation.
If they were unsuccessful, then the township vacancy board had from Dec. 4, 2022, until Dec. 19, 2022, to fill the vacancy.
Varricchio further stated Dietrich contended the vacancy board may act as soon as the board of supervisors makes an unsuccessful attempt to fill the vacancy.
She further wrote Dietrich’s position was the Lowhill Township Board of Supervisors unsuccessfully attempted to fill the vacancy at its Nov. 3, 2022, meeting, when each supervisor nominated a candidate but neither motion carried.
Varricchio’s decision on the March 7, 2023, complaint was in favor of Martin and against Dietrich.
As a result of the court order by Varricchio, dated July 13, 2023, Dietrich was ousted from the Lowhill board of supervisors.
According to Betz petition, she stated she finds Dietrich to be qualified to fill the position of supervisor as he was previously on the school board, was employed as superintendent at a large Montgomery County School District and has served as supervisor in Lowhill Township since his purported appointment on Nov. 10, 2022.
Betz further stated in the petition, Dietrich was ousted as supervisor due to Judge Michele A. Varricchio’s court order, dated July 13, in that there was a defect in the appointment as the vacancy board should not have met until the 31st day after the vote to accept Supervisor Ron Werley’s resignation on Nov. 3, 2022.
According to Betz’s petition, the ouster was not based in any way on Dietrich’s fitness to hold office, any wrongdoing, or mistake on his part.
Betz further stated, “Several important matters with statutory deadlines are scheduled to come before Lowhill Township Supervisors in July 2023, and numerous other matters that must be acted on before the end of the year, thus it is requested that this court act in all due haste in making this appointment ... This appointment is in the best interests of the people of Lowhill Township, and quick action will maintain continuity within the township.”
On June 20, based on Betz’s petition, Judge Zachary Cohen signed an order granting Dietrich’s reappointment as supervisor.
“I am thrilled Judge Cohen acted swiftly to fill the supervisor position as our township continues to have important business to transact,” Dietrich emailed The Press. “I intend to continue to carefully review each and every proposed development to be certain that these proposals meet all aspects of our township ordinances and regulations,” he said. “Any attempt to nullify action taken during the time period from this past November’s appointment by the vacancy board to the present will be vigorously defended using sound legal principles.”