Update on October 27, 2011 Hearing in Court of Common Pleas

 “Complaint in Mandamus”

On Thursday, October 27, 2011, arguments were heard before Senior Judge

S. Gerald Corso in the Court of Common Pleas in Norristown.  Gibraltar Rock, Inc. and Sahara Sand, Inc. were appealing the decision of the New Hanover Township Zoning Hearing Board when on Sept. 3, 2009 they “dismissed” the third application submitted by Gibraltar Rock to build a quarry on 300+ acres in the township.

At a zoning hearing on July 2, 2009, Ban-the-Quarry attorney, Tom Keenan, made a motion to “dismiss the third application submitted by Gibraltar Rock” based on the state law that prohibits the submission of applications with identical challenges on the same parcels of land.  This application (known as GR-3) was the third such application submitted by Gibraltar Rock containing the same challenges for the same parcels and group of parcels.  The Zoning Hearing Board of New Hanover Township, after careful consideration of the law, agreed with Attorney Keenan and on Sept. 3, 2009 dismissed the application.

Gibraltar Rock believes there was a procedural error committed by the Zoning Hearing Board during the meeting on Sept. 3, 2009.  The company is claiming that a “hearing” did not actually occur on Sept. 3 because no testimony was taken and no arguments were heard.  The Township attorneys believe Gibraltar Rock’s attorney, Steve Harris, had an opportunity to object to the “motion to dismiss” and failed to do so.  More importantly, the Zoning Hearing Board believes that because said application should never have been submitted by Gibraltar Rock in the first place, there was no authority or obligation to hear arguments or further testimony and to do so would have been pointless.

Appearing in court on October 27 were:  Attorneys Edward Skypala (Zoning Hearing Board), Robert Brant (special counsel, New Hanover Township), Thomas Keenan (Ban-the-Quarry), Steven Harris (Gibraltar Rock), and Michael Gavin (residents Michael & Joan Minckler).

When an opinion is rendered by Judge Corso, we will advise on this webite.