August 2, 2010  -  Gibraltar Rock, Inc. vs. Hanover Township Zoning Hearing Board

On Monday, August 2, a hearing was held in the Montgomery County Court of Common Pleas before Judge Calvin S. Drayer.  Gibraltar Rock had filed a Motion for Preemptory Judgment.

This action concerned the decision of the Zoning Hearing Board on Sept. 3, 2009, to dismiss Gibraltar Rock’s third application to construct a quarry on an additional 60+ acres, including residential (GR-3).

Gibraltar Rock claims the Zoning Hearing Board did not render their decision in a timely manner according to the MPC (Municipalities Planning Code).  If the motion was granted by the Court, Gibraltar Rock would get “deemed approval”, and the company would be permitted to mine in the HI District AND the commercial & residential districts.

Gibraltar Rock, Inc. was represented by Stephen B. Harris, Esq.  The New Hanover Zoning Hearing Board was represented by Edward A. Skypala, Esq.  Township Solicitor, Paul A. Bauer, III, was present at the hearing but did not file a brief on behalf of the Board of Supervisors.  The Paradise Watchdogs/Ban the Quarry attorney, Thomas M. Keenan, Esq, filed a brief in support of the Zoning Hearing Board.  Attorney Lawrence Sager, representing Louis Farrell, also spoke in support of the Zoning Hearing Board.  The attorney for the Minckler family, Michael J. Gavin, was also present.

Our attorney, Tom Keenan, read the cases that were quoted by Mr. Harris, making a distinction between those cases and this instance.  Mr. Keenan also referred to the Municipalities Planning Code noting the responsibilities of the landowner vs. the responsibilities of the Zoning Hearing Board. 

Judge Drayer issued his Order on August 3, 2010.  Gibraltar Rock’s Motion for Preemptory Judgment is DENIED.  On August 4, Gibraltar Rock filed an appeal.