LOWER SAUCON TWP., Pa. — An attorney for St. Luke’s University Health Network has asked the officer presiding over a hearing on a proposal for Bethlehem Landfill to expand to rule against it.
Joseph Bubba, legal counsel for St. Luke’s, said Waste Connections — the company running the landfill — has a duty to defend conservation easement requirements.
Bubba in a letter to Hearing Officer Scott MacNair asked for a directed verdict — a ruling that there is no legally sufficient evidence to reach a different conclusion.
- St. Luke's attorney said Bethlehem Landfill's conditional use application should be denied via directed verdict
- Referencing documents from 1994, those opposing the expansion cited involved scenic, conservation easements to the north of the site
- The conditional use hearing officer could rule on the motion this coming Friday
Bubba wrote the application for expansion should be denied “since substantial portions of the area subject to the Expansion are subject to restrictive covenants explicitly prohibiting landfills and other activities proposed by the Applicant and those restrictions have not been removed or eliminated.”
'To preserve the original character'
According to cited documents from 1994 surrounding the former Helms and Bethlehem Steel properties near the landfill, the city of Bethlehem and Lower Saucon Township worked together in expanding waste operations and acquiring these areas to use as nature buffer zones.
Those documents mention restricting uses according to zoning classification and cited a line stating, “The City further agrees it will not engage in any landfill activities on the property.”
The restrictions and conservation easements involved would limit some uses by future land owners to maintain environmental preservation.
The documents to which Bubba's letter refers says, “the restrictions and easements shall constitute a covenant running with all of the property described herein and shall be binding upon the City and all other persons and parties claiming through the City herein, and for the benefit of and limitation upon all future owners of said land and premises."
The documents further state that "this declaration of restrictions being designed for the purposes of securing the preservation of the Delaware and Lehigh Canal National Heritage Corridor and State Heritage Park; and during such operation of the Landfill to as great a degree as possible, to preserve the original character of and scenic nature of the land."
More from the attorneys, others
After Bubba made note of the request for the directed verdict on Friday, some involved parties shared their thoughts.
"Let’s just end it now, let them try to get relief and if somehow or another they change the appellate court law of Pennsylvania, they can come back and make an application."Joseph Bubba, legal counsel for St. Luke's Hospital
“Why go through this process if they’re jousting at windmills?” Bubba said.
“Let’s just end it now, let them try to get relief and if somehow or another they change the appellate court law of Pennsylvania, they can come back and make an application.”
There was discussion surrounding the legal requirements of what landfill attorney Maryanne Garber called an “atypical” motion, especially since it took place during a conditional use hearing.
“We’ll respond in whatever time you need us to respond,” Garber said. “But what I vehemently object to is that any of the hearing dates that are on the calendar be postponed.
“I think the matter should be moving forward. … I don’t want this to be used as some sort of delay.”
'Let's not burden all of us'
Gary Asteak, legal counsel for some of the residents affected by the proposed expansion, added that the move would help save money and time for all parties involved.
“Let’s not burden all of us with the taking of testimony until that issue has been adjudicated,” Asteak said.
The matter will require further review from all sides of the issue, according to Victoria Opthof-Cordaro, a representative of Citizens for Responsible Development-Lower Saucon Township.
"While it is unclear whether the hearing officer, in his capacity to oversee the conditional use hearings, has any authority to rule on such a motion, it is clear the landfill has not developed its case at a rudimentary level to obtain approval."Victoria Opthof-Cordaro, representative of Citizens for Responsible Development-LST
“While it is unclear whether the hearing officer, in his capacity to oversee the conditional use hearings, has any authority to rule on such a motion, it is clear the landfill has not developed its case at a rudimentary level to obtain approval,” Opthof-Cordaro wrote in an email.
The hearings on the proposed expansion originally scheduled for Tuesday and Thursday have been canceled.
The hearing officer will comment and potentially rule on the motion on Friday.
That conditional use hearing is scheduled for 9 a.m. to 4:30 p.m. at 3700 Old Philadelphia Pike.
