Latest Court Date – July 1, 2011

The battle to locate a hard-rock quarry, hot-mix asphalt plant, and ready-mix concrete plant in New Hanover Township continues.  Four years after filing an appeal of the Zoning Hearing Board’s decision of June 18, 2007, Gibraltar Rock, Inc. finally requested a hearing in the Court of Common Pleas (Norristown) and the appointed session occurred on Friday, July 1, 2011.

Gibraltar Rock (Silvi Group) has challenged the validity of several New Hanover Township ordinances AND all the “conditions” imposed by the Zoning Board in their 2007 decision.  On

July 1, two New Hanover Township attorneys, the Zoning Hearing Board attorney, and the Paradise Watchdogs’ attorney appeared before Judge Kent H. Albright in the Court of Common Pleas to defend the Zoning Hearing Board’s decision following 67 hearings in the first application submitted by Gibraltar Rock, Inc.  This application is referred to as “GR-1”.

Quarrying is a permitted use in the HI zoning district, but Gibraltar Rock has charged the township with “exclusion of quarrying”.  During codification of the township ordinance on permitted uses, quarrying was omitted in one section but included in another section of the ordinance.  The Township claims a “clerical error” because the codification was completed by a third party.  And of course, Gibraltar Rock claims it was not a clerical error but an attempt to keep the quarry out.  Gibraltar Rock is asking the Court for “site specific relief” which would enable the company to quarry on any land that they own in the township.

At the start of the July 1^st hearing, Judge Albright asked the parties for an update of the land development application process.  Judge Albright, in May 2010, ordered an injunction against Gibraltar Rock until they file a land development plan and gain approval by the township Board of Supervisors.  Gibraltar Rock is currently engaged in the land development process before the township Planning Commission.

At the appeals hearing, Gibraltar attorney, Steven Harris, explained to the court his challenges to several township ordinances, including the validity of an ordinance he believes excluded quarrying, the belief that the township has not provided for the “reasonable development of minerals”, and the Subdivision & Land Development Ordinance which fixes a fee in lieu of dedicated open space for Parks and Recreation (the company believes the fee is excessive at $2.1 million).

New Hanover special counsel, Robert Brant, explained to the court why he agrees with the Zoning Hearing Board that the codification error was a clerical error rather than an attempt to change the ordinance when Gibraltar Rock came knocking on the door to apply for a quarry.

Zoning Hearing Board attorney, Ed Skypala, explained the criteria the zoning board used to determine that Gibraltar Rock’s expert witness regarding the “reasonable development of minerals” was found not to be credible and why the township’s witness was deemed credible.

Attorney Skypala also defended the zoning board’s responsibility to consider the effects on the local residents of crushing equipment at all hours, berms (to shield dust and sound), the review records, the 72-hour notice of complaints, and the maintenance of processing equipment - - all issues that Gibraltar Rock claims should not be regulated by our township.  The zoning hearing board has ruled that the Parks & Rec fee, in lieu of dedicated acreage, falls under the authority of the township Board of Supervisors.

Current township solicitor, Paul Bauer, limited his comments to the ordinance challenge related to the clerical error in the list of permitted land uses.  Mr. Bauer stated there is an existing savings clause that addresses the situation of a clerical error made during the printing of an ordinance codification.  Judge Albright asked that a copy of this clause be submitted to the court.

The final attorney to speak to the Court in defense of the Zoning Hearing Board’s decision dated June 18, 2007, was the Paradise Watchdog's attorney, Tom Keenan.  Mr. Keenan expressed to the Court his belief that the zoning hearing board did a thorough legal analysis, did not take it’s duties lightly, and arrived at the proper conclusions of law when issuing their decision in the GR-1 Application.

Mr. Keenan told the Court that Gibraltar Rock wants to get the LI (light industrial) and residential for quarrying.  He expressed his belief that this “appeal” is more about money & greed than it is about “constitutionality”.  Concerning Gibraltar Rock’s claim that quarrying is not permitted in New Hanover Township, attorney Keenan said, “It is an undisputed fact that quarrying IS PERMITTED and the zoning hearing board’s decision was not capricious.”

We will await Judge Albright’s decision on the many issues contained in this appeal, and we will notify you via this website when the decision is received.