BY SUSAN BRYANT

sbryant@tnonline.com

Lowhill Solicitor David Brooman, with High, Swartz LLP, began the discussion on Core 5’s request for the township to sign PennDOT’s application during the supervisors’ Feb. 13 meeting.

Brooman said Core 5 needs a PennDOT Highway Occupancy permit.

“They issue permits for that to make sure that safe distances and driveways are all according to state regulation,” Brooman said. “They also permit applicants, in this case, stormwater is put into the right of way.

“I don’t know when but about 10 years ago PennDOT changed its policy and it requires the township to sign the application and basically be the backstop. “PennDOT leaves it to you to enter into an indemnification agreement with the developer and that’s the only way you can get a permit in Pennsylvania.

“They will not give you a permit without it.”

Supervisor Curtis Dietrich commented on the request.

“I do think it may be helpful to have at least me as chairperson, perhaps, or all three of the supervisors, if that’s appropriate to meet with PennDOT to get a clearer picture of what is being requested from all of us,” he said.

“Any thoughts on that, Mr. Brooman?” Dietrich asked.

Brooman said when townships hear this for the first time they are taken aback because they are not used to signing it.

He was then asked if the board is legally obligated to sign the document at this time.

“If you go through a thread of cases and cases it would say that the third-party approvals are distinct from local approvals,” he explained. “This is a little different if you’re asked to sign an indemnification.

“They have got certain responsibilities.

“I see this is different from other things the township must sign to cooperate.”

Supervisors Dietrich and Mike Divers replied.

“I’d like to learn more,” Dietrich said. “I don’t feel like I have a clear understanding of exactly what it is, the material, whatever procedures here that PennDOT would require us to either sign for this or take on any liability.”

“Can we wait until after we figure out what happens because basically I personally don’t feel comfortable signing it,” Divers asked.

Brooman responded.

“I’ll go back tomorrow and tell them where you guys are on this,” he said.

Brooman then provided on update on the warehouse litigations.

“Dealing with the first one, that’s Core5, that’s the one we’ve been talking about the most,” he explained. “They have a preliminary plan which got sent back from Commonwealth Court on a deemed approval and they filed an appeal from the denial in December 2024, so he (Core5’s Attorney Frank D’Amore with Fitzpatrick, Lentz and Bubba) got those cases consolidated which does make sense and there will be a status conference.

“Then of course we have the Department of Environmental Protection who sent us an email asking for some more information.”

“We have; it’s just another name for it, but this is the (Lehigh County Court of Common Pleas Judge) Douglas G. Reichley case now, it has all of the cases merged into it.

“He’s going to be the judge for those cases which would be CRG preliminary and CRG that’s what’s up there.

“I think you’ve probably heard us discussing briefly but there was a case brought by Core 5 to force us to put in a water line so that case no surprise that case has begun and that’ll make its way through the system.

“That’s a lot more like a contract case, trial case, it’s not like a land use case, so that one will take probably a lot longer than what exists and LCA is in that case, too.

“Then finally is Core 5, at the Trammell Crow site, 2766 Route 100, that’s in Commonwealth Court and the oral argument.

“The session begins April 7 but it’s not necessarily April 7.

“They don’t give us an exact date, time, and location, it could be Philly, it could be Harrisburg but we don’t have that yet.

“All three of the warehouses still have not gotten their sewage permits or their NPDES permits, those are all hanging out there.

“And then of course there’s the Core 5 case in front of Lehigh County Judge Michele A. Varricchio, which is at Commonwealth Court.

“She certified the issue, this is the one involving whether Curt (Dietrich) was properly seated and he lost, meaning Core5 lost that case and they want to take it up to Commonwealth Court right now so they filed a motion with Commonwealth Court to have them take the case.

“They may, they may not. I don’t think they will but we will see.”

“I will tell you from a procedural standpoint these cases are complex these are not your run-of-the-mill case; it’s not Dollar General.

“I can tell you that much. We’re fighting every turn, fighting the MPS permit or fighting with the sewage, fighting with the lawyer, and we’re fighting with zoning,” Brooman said.