Civil motion filed over improper meeting posting
The Salem Twp. website lists meetings including the Wednesday, Aug. 26, 2026, meeting at Berwick Assembly of God Church.
WILKES-BARRE — Days after a Luzerne County Court of Common Pleas judge ruled the Salem Township Planning Commission violated the state’s Sunshine Act, a group of citizens filed a pro se civil motion Thursday alleging a similar issue involving the Salem Township Board of Supervisors.
A group of eight citizens filed a motion seeking injunction relief and a restraining order following Wednesday night’s meeting of the Salem Township Board of Supervisors at Berwick Assembly of God on E. Fifth St. in Salem Township.
According to the motion, the Salem Township Board of Supervisors meeting was designated as a work session and the motion acknowledges the meeting was posted on the Salem Township Facebook page. Nate Eachus, of Butler Township, filed the motion, and Karla Puterbaugh, Teri Barreen, Annie Vinatieri, Kenneth Fataula, Gabby Malencore, John Oldenbuttel, and Jason Oldenbuttel are the other plaintiffs named.
However, the motion alleges the Facebook posting failed to identify the “physical place or address of the meeting.”
A review of the Salem Township Facebook page illustrates the Aug. 26 supervisors’ meeting was to take place at the Berwick Assembly of God, but did not list the physical address at 801 E. 5th St.
Eachus and the other plaintiffs further allege in the motion that a copy of the supervisors’ work session agenda was not posted on the entrance door, nor were copies provided to those in attendance.
An issue discussed at the supervisor’s work session, according to the motion, involved a proposed resolution to restrict public comment to only the residents and taxpayers of Salem Township.
The motion alleges Salem Township supervisors had previously adopted a resolution to recognize public comment from all interested parties who attend township meetings.
Eachus, along with the other plaintiffs, allege they should have the right to address Salem Township supervisor meetings, including the township planning and zoning commission hearings, due to residing within a 10-mile emergency planning zone of the nuclear power facility located in Salem Township.
At issue is the construction of data centers and plans to build additional data centers in Salem Township.
On Tuesday, Judge Lesa S. Gelb ruled the Salem Township Planning Commission violated the state’s Sunshine Act when it met July 13 after citizens were turned away and faced with locked doors at the township municipal building.
The motion filed Thursday seeks a temporary restraining order to prevent Salem Township supervisors from enacting its resolution to limit public comment to only township residents.
Local journalism matters, and your support makes it possible. You can help sustain this work by making a donation or choosing one of our subscription options. Subscribers enjoy valuable benefits, including full access to our e-edition, a reduced ad experience on timesleader.com, and more.
Your support helps ensure independent, high-quality local news remains available today and for future generations. Thank you for standing with local journalism.