Click here to subscribe today or Login.
By DAVID WEISS dweiss@leader.net
Wednesday, March 05, 2003 Page: 1C
JACKSON TWP. – The township’s more-than-20-year-old legal battle with
American Asphalt could have been settled years ago if previous administrators
had uncovered an old ordinance, township officials said Monday.
The township on Friday resolved a lengthy court battle with the Chase Road
paving company over zoning issues.
The dispute stemmed from American Asphalt’s alleged mining in areas zoned
for agricultural use. The move raised the ire of residents who complained the
encroaching blasting damaged their homes.
The court case dragged on until it was scheduled for trial in December. The
trial was postponed to give court-appointed master Richard Hughes time to iron
out the case.
Hughes’ resolution establishes mining and blasting restrictions for
American Asphalt and showers the township with monetary and maintenance perks
from the company.
It will benefit the township between $300,000 and $500,000, Board of
Supervisors Chairman John J. Wilkes said at Monday’s meeting where the court
order was read to residents. American Asphalt will also pay for the township
attorney’s fee.
But Supervisor Al Fox said boundaries could have been established and
enforced 24 years ago.
In explaining Hughes’ order after the meeting, Solicitor Jeffrey Malak said
the township in 1966 established its first ordinance outlining mining
boundaries.
Those boundaries became murky after supervisors in 1976 incorrectly amended
the 1966 ordinance, Malak said. Because it was done incorrectly, Hughes
vacated that amendment.
An amendment to the 1966 ordinance was lawfully passed in 1979 and better
established boundaries.
Malak said Hughes used the boundaries outlined in 1966 and 1979 to create
the boundaries American Asphalt now will have to follow.
The supervisors and Malak received a round of applause from several
residents at the meeting for their work in the case. Wilkes and Fox remained
critical of prior administrations for failing to detect the error.
Resident Fred Murray still had a concern. He wanted to know why American
Asphalt agreed to the numerous provisions, including paying for a new police
cruiser and providing road materials to the township, instead of repaying
residents for any damages.
Malak said the court order paid damages to the township because the lawsuit
dealt with township zoning issue – not individual damages.
If residents wanted to seek money for damages, they would have to file a
separate lawsuit, he said.
David Weiss, a Times Leader staff writer, can be reached at 831-7397.