Update provided on warehouse litigation
BY SUSAN BRYANT
sbryant@tnonline.com
Attorney David Brooman, with the law firm of High Swartz, provided Lowhill supervisors with an update on the warehouse litigation situation during their Aug. 22 meeting.
Brooman said much has transpired in the last six weeks since he gave his last update.
“I think I left off last time reporting that CRG’s attempt to attack Jill Seymour, township secretary, on the right to know failed in the Court of Common Pleas,” he said. “No appeal has been filed so that’s done.
“Betz Court, they submitted for final.
“Ryan Christman, (township engineer, Keystone Consulting Engineers,) is looking at that right now and he will put it on the planning commission’s schedule for Aug. 28.” Brooman said Core5 at Valley Commerce, 2766 Route 100, has been pretty active.
“I think I reported they filed a motion to lift the supersedeas (stay of enforcement of a judgment pending appeal) on July 10, that was withdrawn but it was refiled, and we filed a response,’ Brooman said. “The evidentiary hearing is set for Oct. 1, on whether or not to lift supersedeas.
“We will see what happens.
“Frankly, I don’t think they have grounds to drag us into court for that, especially since they just submitted the sewage planning module.
“I really don’t think there’s anything in front of us that we need to do but maybe they will tell us.
“That is my litigation report.
Brooman said the website is not completely current.
“It is 95 percent current,” he stated.
Seymour said she is waiting on the webmaster to get the new legal filings onto the website.
The board also briefly discussed the 2766 Route 100 Core5 sewage planning module.
“I move we submit the 2766 Route 100 Core5 sewage planning module as prepared by the applicant and the planning commission,” Chairman Curtis Dietrich said. “There was no resolution with that presented to us by the planning commission and submitted by the applicant.”
Dietrich’s motion was approved by Vice Chairman Mike Divers.
George “Buddy” Wessner was absent from the meeting.
Christman, during his engineering report, said they have received the final plan for the Betz Court warehouse.
“We’re looking at that for a review letter for the planning commission,” he said. “We’re finishing up the review on that for next week.
“There are some changes they proposed on some of the storm sewers, so we are looking at that that’s going to be something I consider.”