Legal Filings
Lowhill Township Warehouse Applications and Appeals
CRG Services Management, LLC v. Lowhill Township, Right to Know Statutory Appeal (LCCCP Docket No. 2023-C-2328)
- CRG filed a Petition for Review of Final Determination (statutory appeal) on August 21, 2023 (Petition), challenging the Office of Open Records decision dated July 21, 2023 (OOR Decision)[Ex.E] [Petition for Review of Final Determination with exhibits].
- The statutory appeal has been assigned to Judge Michele A. Varracchio.
- CRG Brief in support of Petition filed November 1, 2023; Lowhill Township Brief filed in opposition to Petition filed November 30, 2023.
- Awaiting decision from Judge Varracchio.
- On June 26, 2024, Judge Varricchio denied the August 21, 2023 Petition for Review of Final Determination, challenging the July 21, 2023 Final Determination by the Pennsylvania Office of Open Records. As a result, Lowhill Township is not required to take any further action.
Core5 (formerly Trammel Crow) v. Lowhill Township, Proposed Warehouse, 2766 Route 100, Lowhill Township (Cmwlth. Ct. Docket No. 588 C.D. 2024)
The proposed Trammel Crow warehouse, proposed for the property located at 2766 Route 100, Lowhill Township was granted preliminary land development approval on [June 16, 2020].
The project was purchases by Core5 June 22, 2023, who is now the equitable owner of the property. Final land development application filed May 8, 2023, proposing the construction and operation of a +/- 312,120 square foot warehouse facility. Core5 was denied final land development on July 25, 2023 [link]. Core5 appealed the denial of the final land development application to the Lehigh County court of Common Pleas on July 28, 2023. The Court of Common Pleas, the Honoravle Zachary J. Cohen, issued its decision on April 8, 2024, holding that because the preliminary land development application was approved without condition Core5 was entitled to approval of its final land development agreement. [link]
- Preliminary Land Development approval was granted on June 16, 2024.
- The Project was purchased by Core5 June 22, 2023, who is now the equitable owner of the property.
- Final Land Development Application filed May 8, 2023, proposing the construction and operation of a +/- 312,120 square foot warehouse facility.
- Core5 was denied final land development approval on July 25, 2023. [Denial Letter]
- Core5 appealed the denial of the final land development application to the Lehigh County Court of Common Pleas on July 28, 2023.
- The Court of Common Pleas, the Honorable Zachary J. Cohen, issued its decision on April 8, 2024, holding that because the preliminary land development application was approved without condition, Core5 was entitled to approval of its final land development agreement. [Decision]
- Lowhill Township filed an appeal with the Commonwealth Court of Pennsylvania on May 7, 2024.
- Core5's Motion to Vacate Automatic Supersedeas Pursuant to PA. R.A.P 1732, filed July 10, 2024. [Document]
- Core5's Brief in Support of Motion to Vacate, dated July 10, 2024. [Document]
- Lowhill Township's Answer to Appellant's Motion to Vacate Automatic Supersedeas, Memorandum in Opposition to Appellant's Motion to Vacate Automatic Supersedeas with Exhibits. [Document]
- Lowhill Township Brief and Reproduced Record filed in Commonwealth Court on August 12, 2024.
- Order dated August 9, 2024 scheduling argument and an evidentiary hearing on October 1, 2024 on Appellant Core5's Motion to Vacate Supersedeas Pursuant to PA.R.A.P 1732 filed on July 10, 2024.
CRG Services Management, LLC v. Lowhill Township, Proposed Warehouse, 2951 Betz Court, Orefield (Cmwlth. Ct. Docket No. 1091 C.D. 2023)
- The CRG Services Management, LLC ("CRG") warehouse proposed for the property located at 2951 Betz Court was denied preliminary land development approval on October 7, 2022. [Decision].
- CRG filed a Notice of Appeal with the Lehigh County Court of Common Pleas on November 3, 2022. [Notice of Appeal].
- Appellant CRG filed its Brief in Support of its Land Use Appeal on January 3, 2023. [Brief].
- CRG Request for the Production of Documents served on Lowhill Township, dated ___. [Discovery request].
- Lowhill Township's Responses to Appellant's First Request for the Production of Documents, dated January 11, 2023. [Lowhill Discovery Response].
- Appellee Lowhill Township filed its Brief in Opposition to CRG's Land Use Appeal on January 23, 2023. [Lowhill Brief in Opposition].
- Appellant CRG filed a Motion to for Leave to Conduct Discovery and Brief on January 20, 2023. [Motion and Brief].
- Oral argument on the motion was held February 1, 2023 before the Honorable Thomas M. Gaffrey.
- Appellee Lowhill Township filed its Answer and Brief in Opposition to the Motion to Conduct Discovery on February 9, 2023. [Answer and Brief].
- Oral Argument on CRG's Land Use Appeal is scheduled for March 23, 2023. [Order]
- Commonwealth Court decision and order dated June 3, 2024, upholding the August 14, 2023 decision and order of the Court of Common Pleas of Lehigh County, Judge Caffrey, granting CRG's motion for peremptory judgment. [Order]
CRG Services Management, LLC v. Lowhill Township, (LCCP Docket No. 2022-C-2786).
- CRG initiated an action in Mandamus against Lowhill Township and its Supervisors on December 1, 2022, seeking to compel the issuance of preliminary plan approval. [Complaint].
- Lowhill Township filed Preliminary Objections to CRG’s complaint on January 9. 2023. [Preliminary Objections].
- CRG filed an Amended Complaint in Mandamus in response to Lowhill Township's Preliminary Objections on January 11, 2023. [Amended Complaint].
- Lowhill Township, through its insurance counsel, filed Preliminary Objections to CRG's Amended Complaint on January 31, 2023. [Preliminary Objections].
- Oral Argument on Lowhill Township's preliminary objections to the amended complaint has not been scheduled.
Core5 at Route 100, LLC v. Lowhill Township and the Lowhill Township Board of Supervisors, Proposed Warehouse, 7503 and 7607 Kernsville Road, Lowhill Township (LCCP 2022-C-2958)
- The Core5 warehouse proposed for the property located at 7503 Kernsville Road was denied preliminary land development approval on November 28, 2022, confirmed in writing December 6, 2022. [Decision].
- Core5 filed a Complaint against Lowhill Township on December 22, 2022, for Declaratory Relief, Mandamus, and Land Use Appeal. [Complaint].
- Lowhill Township, represented by its insurance carrier, filed Preliminary Objections to Core5's complaint on January 8, 2023. [Preliminary Objections].
- Oral Argument on Lowhilll Township’s preliminary objections is scheduled for March 29, 2023, before the Honorable Michele A. Varricchio.
- On August 8, 2024, Judge Varricchio issued an Opinion and Order denying Core5's Complaint in Mandamus and entering judgement in favor of Lowhill Township. The Court found Supervisor Curtis Dietrich a de facto officer who acted under color of title to the office of Lowhill Township and his official actions are entitled to de facto validity. The Court further found that the Lowhill Township Board of Supervisors timely acted on Core5 at Route 100, LLC's Preliminary Land Development and Lot Consolidation Plan for Core5 at Route 100.
- The court by Case Management Order dated August 8, 2024, set forth a briefing schedule for Core5's Notice of Land Use Appeal. Core5's brief is due August 30, 2024; the Township's brief is due September 20, 2024; and Oral Arguement is scheduled for October 3, 2024.'
Lowhill Township Land Use Appeal from Core5’s Legal Notice of a Deemed Approval, Proposed Warehouse, 7503 and 7607 Kernsville Road, Lowhill Township (LCCP 2023-C-0376)
- Lowhill Township filed a Land Use Appeal from the Advertised Deemed Approval of Core5 at Route 100, LLC and Core5 Industrial Partners, LLC, on February 3, 2023. [Appeal].
- Deemed Approval Notice of Appeal has been assigned to Judge Michele A. Varracchio.
- Scheduling Order setting forth revised briefing schedule issued January 9, 2024.
- Disposition of this deemed approval appeal is dependent on the outcome of Docket 2022-C-2958.