SOUTH WHITEHALL TWP., Pa. — Parkland School Board on Monday unanimously authorized its attorney to fight a land use appeal that would clear the way for a 501,000-square foot warehouse near district property.
North Whitehall Township Board of Supervisors voted in June to deny land development approval for Nexus 78, proposed for 71 acres at Route 309 and Orefield Road.
“The district could raise other arguments if it so chose, or it could just solely rely on the record and the position of the township."Parkland solicitor Jessica Moyer
Developer TCNE North Whitehall appealed the board’s decision in July.
As the fight over Nexus 78’s future shifts to a Lehigh County courtroom, the school district asked a Lehigh County judge to let Parkland join the appeal and work to defend North Whitehall’s rejection.
If the judge decides the district meets the legal bar, Parkland’s lawyers will be able to call witnesses, make arguments and otherwise participate in the case just the same as North Whitehall Township or any other party to the suit, Parkland solicitor Jessica Moyer said.
“The district could raise other arguments if it so chose, or it could just solely rely on the record and the position of the township,” Moyer said.
Ahead of the vote, board members said the proposed warehouse would endanger students at nearby Orefield Middle School and disrupt operations at a district transportation hub.
Affecting kids' safety
Parkland officials offered similar arguments during land development hearings while urging North Whitehall to reject the plan.
“This will impact the safe environment that we are challenged to bring to our kids,”Parkland School Board President Robert Cohen
“This will impact the safe environment that we are challenged to bring to our kids,” school board President Robert Cohen said.
“We have already shown our mettle in our participation in the zoning commission and at the North Whitehall Township board level. Now, this appeal will take on legal matters.”
Moyer said she filed the petition Thursday to keep the legal process moving, and came to the school board Monday for instructions on whether to pursue the petition or withdraw it.
During a public comment session Monday, state Senator Jarrett Coleman said he worried the move to file a petition before a board vote may run afoul of state open meetings laws, a charge Moyer rejected.
To allow for Monday’s vote, Parkland officials repurposed a previously scheduled workshop meeting where members do not typically take any official action.
Instead, the district held a “voting workshop meeting,” letting the school board quickly decide whether to join the legal fight.
Parkland will appear in Lehigh County Court for a Sept. 30 hearing to determine whether the district and several other petitioners can join the appeal.
Argument is scheduled to begin Oct. 8.
