NORTH WHITEHALL TWP., Pa. — Testimony began Monday in hearings that could decide what sort of businesses are allowed at North Whitehall Township homes — and whether one resident’s long-running car repair business can keep operating.
Gene and Debbie Wierbach, who have run an auto repair business out of their North Whitehall home for more than two decades, filed a challenge contending that township zoning rules barring at-home auto repair businesses are unconstitutional.
Township officials ordered the Weirbachs to shut down their business 2023, after a falling out between the family and Township Supervisor Dennis Klusaritz.
The Wierbachs argued that a rule barring car repair businesses altogether on residential properties is “unreasonable, oppressive, beyond necessity and bears no real and substantial relation to the health, safety and welfare of the community.”Lawyers from national nonprofit the Institute for Justice, representing the Wierbachs
Now, the township board of supervisors — minus Klusaritz, who also is a supervisor but recused himself — are expected to hold three days of hearings to decide whether the zoning rules are unconstitutional and must be revised.
In their challenge, lawyers from national nonprofit the Institute for Justice representing the Wierbachs argued that a rule barring car repair businesses altogether on residential properties is “unreasonable, oppressive, beyond necessity and bears no real and substantial relation to the health, safety and welfare of the community.”
The challenge also contends that zoning rules unfairly discriminate against home car repair businesses by restricting them more than similar uses, including repairing cars as a hobby and potentially more intensive uses, such as horse stables or tennis and volleyball courts, allowed under zoning rules.
'Opportunity to fix the problem'
At the start of Monday’s hearing, township supervisors voted to throw out a third set of claims from the challengers, which centered on unfair enforcement of the zoning rules.
The board also threw out a subpoena compelling Klusaritz to testify in the hearings.
Along with the challenge, the Wierbachs’ lawyers submitted a proposed rewrite of the township’s zoning code that they believe would comply with the state and U.S. constitutions.
"You first have to present the township with an opportunity to fix the constitutional issue. We’re giving this township board an opportunity to fix that problem first, and if they don’t do it, then we’re going to take it up to the Court of Common Pleas.”Daniel Woislaw, an attorney with the Institute for Justice
“Pennsylvania’s system has a unique way of dealing with these sorts of land use issues where in order to bring a case into court," said Daniel Woislaw, an attorney with the Institute for Justice working on the Wierbachs’ challenge.
"You first have to present the township with an opportunity to fix the constitutional issue. We’re giving this township board an opportunity to fix that problem first, and if they don’t do it, then we’re going to take it up to the Court of Common Pleas.”
Once hearings on the challenge wrap up and township supervisors rule whether their zoning code is constitutional, supervisors will vote on whether to adopt the suggested zoning changes.
More success, hiatus, new music
The Weirbachs’ proposed amendment would allow virtually any at-home business use as long as it does not affect surrounding properties, and would add auto repair garages to the list of specifically allowed home businesses.
Rather than barring any particular use altogether at homes in the township, the suggested change would direct the zoning hearing board to review each proposed use individually.
“We do anticipate that it’s quite likely this will end up going at least to the Court of Common Pleas, which is the trial court, and perhaps beyond this, to the appellate courts in Pennsylvania."Daniel Woislaw, an attorney with the Institute for Justice
If the board decides a particular use would harm its neighbors, it could impose restrictions to address those impacts.
If no restrictions could allay those harms, the zoning hearing board may block the use on that specific property.
Throughout Monday’s hearing, attorneys for the Weirbachs said much of their work at this point is focused on an all-but-assured appeal of the board of supervisors’ decision.
“We do anticipate that it’s quite likely this will end up going at least to the Court of Common Pleas, which is the trial court, and perhaps beyond this, to the appellate courts in Pennsylvania,” Woislaw said.
The hearing on the challenge to North Whitehall’s zoning rules is set to continue through Wednesday.
