"Zoning Hearing Board denies the substantive challenge on all issues". With this very direct and concise motion, the Forks Township Zoning Hearing Board (ZHB) denied the KMRD substantive challenge by a vote of 5-0.
Just to summarize the current legal situation, the developer is proposing to build about 3,000 homes, consisting of single family homes, town homes, and mobile homes in Forks Township. This was an on-going legal proceeding to hear a substantive challenge to 2006 Forks Township FP Farm Land Protection district regulations. The challenge states the regulations concerning the development of single family detached homes in the FP district are arbitrary, unreasonable, and unconstitutional because the effect of the zoning laws discourage a landowner to develop the land with high density housing. The developer (KMRD) wants to build 1,952 condominium apartments, 359 townhouses and 731 mobile homes on 545 acres in new development called Kings Mill.
The ZHB declared the Forks Township zoning laws were constitutional and reasonable. Additionally, the ZHB found the KMRD witnesses were not creditable and the challenge lacked merit.
So what happens next in this lawsuit? The KMRD attorneys provided insight to the challenger next steps during their opening statements. The KMRD attorneys stated "this case is not going to end tonight". It seems this case will be appealed to the Northampton court of Common Pleas.
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David Billings
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