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#NewtownPA Township Supervisors To Hear KRE Validity Challenge & Decide on Attempt to Disqualify Mack From the Hearing

#NewtownPA Township Supervisors To Hear KRE Validity Challenge & Decide on Attempt to Disqualify Mack From the Hearing | Newtown News of Interest |

[See update below.]


The Newtown Township Board of Supervisors on Monday night will resume hearing a validity challenge of its ordinance brought by a developer [KRE Upper Macungie Associates LP] seeking to build a multistory, 245-unit apartment building on Lower Silver Lake Road.


The meeting, which is open to the public, begins at 7 p.m. on Monday, Sept. 18 at the Newtown Township Building on Durham Road.


[KRE] also filed a preliminary motion to disqualify supervisor John Mack from hearing the challenge arguing that his blogs and Facebook postings have shown his bias against the filing.


The first order of business on Monday night will be for the supervisors to decide on KRE’s attempt to disqualify Mack from participating in the hearing.


Citing blogs and Facebook comments by Mack, KRE attorney Joseph Blackburn argued that Mack has shown his bias against the project and "has no intention of applying the law" and should be "disqualified" from hearing the challenge.


Attorney Joseph Bagley submitted a preliminary motion to exclude statements in the developer's validity challenge made by members of the planning commission and by Mack. "The burden of proof in the case is KRE's," he argued. Bagley also cited the second-class township code, which says a member of the board "shall not be disqualified from voting on any issue solely because a member has previously expressed an opinion in either an official or unofficial capacity."


johnmacknewtown's insight:


UPDATE (9/18/23): At the Sept 18 hearing., Solicitor Dave Sander asked  Supervisor Mack "if he can hear and decide this case fairly based on the evidence presented to the Board of Supervisors in this proceeding?"


Mr. Mack's response: "Yes, I can certainly do that." 

I also added the following comments:


"Also, I would like to make clear that I have no direct or indirect interest in the pending Application of KRE Macungie Associates, LP. I have not predetermined the application and hold no bias against the applicant or the pending application that is before the Board.


"I will consider this application as I consider each and every application that comes before the Board of Supervisors. I will review and listen to the evidence as presented by all parties, openly and fairly consider this evidence, and ultimately render a vote on the application based only upon the evidence of record presented in an open hearing before the Board.


"I look forward to faithfully carrying out the duties delegated to me by the residents of Newtown Township when they elected me to this office that I am so privileged to hold."


Related Content:

  • “Developer Challenges Validity Of Zoning Ordinance In #NewtownPA Township “; 
  • “Developer Moves To Disqualify #NewtownPA Supervisor John Mack From Zoning Challenge Hearing”;
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