BY SUSAN BRYANT

sbryant@tnonline.com

Lowhill Township supervisors were presented updates from Attorney David Brooman, with High Swartz Attorneys at Law, on the warehouse litigation during their June meeting.

“First is the Betz Court matter,” Brooman said.

“To refresh everybody’s recollection, Judge Thomas M. Caffrey issued an order in favor of the applicant on Aug. 13, 2023.

“That was appealed, and oral arguments were heard May 5.

“The Commonwealth Court’s decision was issued June 3 affirming Judge Caffrey’s decision, in other words, upholding the deemed approval.”

The CRG land use appeal became moot as a result of the Commonwealth Court’s decision, Brooman stated.

Regarding the Core5 at Valley Commerce, the former Trammell Crow site, also known as 2766 Route 100, Brooman said Judge Zachery J. Cohen issued an order on April 8 favoring the applicant and an appeal was filed on May 7 with the Commonwealth Court of Pennsylvania.

“The next one is the other Core5, I’ll call it 7506 Kernsville Road,” Brooman said. “That is pending, in front of Judge Michele A. Varricchio.

“In terms of the decision in that case, she has not rendered a ruling and I have no idea when she will.

“The deemed approval case for all intent and purposes has been put on hold pending the outcome of that case.

“In other words, if you remember they published a deemed approval in the newspaper. We appealed that.

“That one was originally set on the schedule, but it has been continued and its sort of awaiting the others.”

He said the last case is the right-to-know appeal filed by CRG’s attorneys against Secretary Jill Seymour, which is in front of Judge Varricchio, awaiting a decision.

“They filed a right-to-know, Jill responded and included everything, apparently there was one piece of paper that was provided to Core5 and not provided to CRG and based on one piece of paper they have appealed it to the Office of Open Records in Harrisburg,” Brooman stated. “They lost that (the paper) and they have it in the Appeals Court of Common Pleas, so it has been argued and Varricchio has it.”

He said the executive session which was listed on the agenda is to discuss that case, whether or not to file a petition with the Pennsylvania Supreme Court.