EASTON, Pa. — Opponents of the Easton Commerce Park mega-warehouse project saw a vital victory in the Easton Planning Commission rejection just last month, but it appears the battle is far from over.
Easton Wood Ave. Propco LLC., or EWAP, and the borough of Wilson have filed a lawsuit against the planning commission, as well as each of its members: Chairperson Ken Greene, Hubert Etchison, William Heilman, Frank Graziano III, Ronald Shipman and Kim Wagner.
In the lawsuit, the developer and the borough are calling on a Northampton County judge to force Easton to approve the project and award it more than $50,000 for what they allege is a wrongful decision.
A mandamus action compels a government entity to perform a mandatory action they are legally required to do, most often when it is suspected that entity is engaging in some sort of unreasonable delay in the process.
The project — a 1-million-square-foot warehouse and associated improvements — also would include improvements to Hackett Avenue, Wood Avenue, North 13th Street, the on-ramps to Route 22 East and West, and the daylighting and relocation of a tributary.
The plaintiffs contend that state law requires land development plans should be approved if they meet all specific, objective criteria in a municipality's Subdivision and Land Development Ordinance.
'Bad faith'
EWAP and Wilson argue that the commission acted in bad faith.
Instead of serving as neutral fact finders, commissioners asked hostile questions and even tried to stop the project through outside means, the developer and borough argue.
The suit cited a LehighValleyNews.com article as proof.
The developers obtained a letter from the Pennsylvania Historical and Museum Commission that an unidentified member of the Easton Planning Commission contacted the Pennsylvania Historical and Museum Commission.
The Easton commissioner asked the state commission to reassess its approval for the project to move forward, citing concerns about the warehouse may affect the surrounding historic properties, according to the suit.
The suit also accuses the planning commission's Shipman of advising opponents of the project to hire an attorney to cross-exam EWAP’s experts.
The plaintiffs also accused Commissioner Wagner, who was known to lob numerous questions and concerns over the project to the developer, of advocating against the project before the city’s Zoning Hearing Board.
Given her behavior, EWAP requested that Wagner recuse herself from the case — a request she refused, according to the suit.
“Instead of upholding the law and impartially performing its duties in good faith, the planning commission yielded to community pressure and denied EWAP’s application for its permitted by right use without citing a single legitimate use or lawful reason to do so,” the lawsuit states.
Lawsuit claims 'misinformation'
Wilson originally approved the land development plan for the project in September 2024. It would encompass 106.9 acres in Wilson, Easton, and Palmer Township.
The bulk of the property, around 936,000 square feet, sits in the borough, but 71,194 square feet falls in Easton and the actual structure would be completely in Wilson.
Even so, the project requires approvals from Easton’s planning commission and zoning hearing board.
Warehouses are permitted by right in both municipalities’ zoning districts.
Beginning May 24, 2024, EWAP sought Easton’s approval on the project, and worked on the extensive process with the city’s planning and zoning staff, along with professional consultants.
EWAP revised its plans several times, with staff from administration issuing the appropriate approvals, permits and recommendations and advising for approval from Easton’s Department of Planning and Zoning.
Easton residents packed the planning commission meeting on May 7, 2025 — many a part of the grassroots Stop the Wood Ave. Warehouse group.
That group came about after concerned citizens attended a December 2024 meeting meant to smooth over the relationship between the developer and local residents, and vehemently voiced opposition to the project.
The lawsuit states that those citizens “presented misinformation, falsehoods and inaccurate testimony” directed against the project.
'Participation is a key bedrock'
At the time, Marc Kaplin, an attorney for developer Scannell Properties, requested an opportunity to rebut, which happened over three meetings — about 16 hours cumulatively — and ended on Nov. 5, 2025.
During those meetings, Stop the Wood Ave. Warehouse’s Colleen O’Neal and attorney Cody Harding offered testimony from various experts contesting EWAP’s project.
“I want to thank those members of the public who have attended these meetings and regularly voiced their earnest thoughts and provided compelling evidence to confirm those thoughts."Easton Planning Commission Chairperson G. Kennedy Greene
They cited concerns over the tributary relocation and various other environmental issues.
Kaplin routinely stressed that all necessary permits and clearances had been acquired for the project, and argued that the commission had a responsibility to approve the plans as they followed the listed criteria.
Despite expert testimony from consultants and academics, and the recommendation of Easton officials, the planning commission unanimously rejected the proposal on Dec. 3, 2025.
At that meeting, Greene commended residents and experts who had attended the meetings and voiced their concerns, saying they were vital to the process.
“I want to thank those members of the public who have attended these meetings and regularly voiced their earnest thoughts and provided compelling evidence to confirm those thoughts," Greene said then.
"Your participation is a key bedrock that makes our local government work at its best.”
'A well-known tactic'
In a Wednesday interview with LehighValleyNews.com, O’Neal contested the claims of the lawsuit.
"They said that what we presented was hearsay and untrue, and that couldn't be further from the truth," O'Neal said.
"We've had so many people help research this and investigate the different areas, and we've also had our work checked. We weren't going to bring inaccurate information.”
“It’s a tactic to intimidate other communities. It's a tactic to try to intimidate zoning. It's a tactic to try to intimidate anybody who's against this."Stop the Wood Ave. Warehouse’s Colleen O’Neal
O’Neal was referencing a presentation by Stop the Wood Ave. Warehouse on May 7 that showcased affected wetlands on the property not shown in the application, as well as concerns over steep slopes and other matters that could require special exceptions from the zoning hearing board.
O’Neal said that Stop the Wood Ave. Warehouse will continue to provide expert opinions and information to the planning commission and any other entities that may have to make a decision related to the project.
She said suing the individual members of the commission is tantamount to intimidation and coercion.
“It’s a tactic to intimidate other communities," O'Neal said. "It's a tactic to try to intimidate zoning. It's a tactic to try to intimidate anybody who's against this.
"And it's a well-known tactic."
'Essential for Wilson'
In their rejection, commissioners cited numerous grievances with the project — including missing, incomplete or inaccurate information in the plans and documents; the lack of an end user; and construction concerns.
EWAP and Wilson allege that none of the grounds cited in that decision is sufficient to support the denial as it does not offer any substantive SALDO criteria with which it fails to comply.
The plaintiffs argue it instead relies on alleged inadequacies of various plans, reports and studies supporting the project — primarily on impact assessment reports, which they say are not substantive or objective criteria and can't be used as grounds for rejection.
Within the suit, EWAP says numerous entities have given the go-ahead for the project to advance.
They include Lehigh Valley Planning Commission; the state Historical and Museum Commission, Game Commission, Fish and Boat Commission, and Environmental Protection Department; the U.S. Fish and Wildlife Service; the U.S. Army Corps of Engineers; and the U.S. Environmental Protection Agency.
The Easton Planning Commission's staff even recommended the project for approval heading into the public hearings, according to the lawsuit.
“It is essential for Wilson Borough that industrial development be permitted in appropriate locations in order to stabilize the borough tax base and to support its overall economy so that Wilson Borough may provide and continue to provide necessary services and community facilities to satisfy the needs and demands of its present and future residents,” the suit states.
'In it for the long haul'
Stop the Wood Ave. Warehouse members said they realized that the lawsuit was a possibility.
“We're taking this as a victory of a huge battle," O’Neal said at the Dec. 3 meeting. "But it's a long war, and we are prepared to continue to fight.”
The process in the development of Easton Commerce Park will continue with a special zoning hearing board meeting on the subject at 6 p.m. Thursday, Jan. 15, at Easton City Council chambers.
O’Neal said Stop the Wood Ave. Warehouse members will be there and will continue to oppose the development.
“We are in it for the long haul and will stand up for our community/region in any and every way we can,” O’Neal said.
“We won’t be bullied by an out-of-state speculative development company and their lackeys.”
