Maxatawny, Pa.— The Commonwealth Court of Pennsylvania yesterday (April 6, 2023) ruled against the decision by the Maxatawny Township Board of Supervisors to grant preliminary plan approval to Duke Realty Limited Partnership for a massive warehousing development plan.

The development plan, named, “Valley Logistics Park,” involved 1.6 million square feet in warehouses within 12.1 million square feet of farmlands near Route 222 and Long Lane Road. The Plan would have created two warehouses that operated 24 hours a day, seven days a week, with 1,800 parking spaces for tractor-trailers. A traffic impact study showed that the roads were already at 95% capacity.

“Local concerned citizens are making a difference in Maxatawny Township by clearly and loudly voicing our opposition to warehouse development. We feel that warehouse developments negatively impacts our communities. Thank you to my fellow appellants, Maxatawny Community Coalition and the Cornerstone Law Firm for our successful appeal of the proposed Duke Realty development”, said Laurel L. Burkhardt, one of 15 neighboring homeowners who appealed to the Commonwealth Court.

The proposed development also includes the site of the Kemp Family Burial Ground. the Burial grounds includes some of the earliest known settlers of Maxatawny. Theobault (“Dewalt”) Kemp and his enslaved women, Hannah, is one of only three recorded instances of African slavery in Berks County.

The Commonwealth Court ruled that the Maxatawny Township Board of Supervisors violated the Zoning Ordinance because the development was within 500 feet of residential property. The court agreed that 500 feet is measured parcel-to-parcel, not building-to-building. The court also recognized that the Board failed to consider whether the development was within 500 feet of a playground owned by the Church on the Hill (Evangel Assembly of God). The court ruled that Duke Realty requires a variance and a special exception from the Zoning Hearing Board.

The appeal was filed by 15 neighboring homeowners and funded by the Maxatawny Community Coalition.

In 2021, preliminary plan approval for the development was passed by the Maxatawny Township Board of Supervisors even though two out of three Supervisors had conflicts of interest. Supervisor Heath Wessner owned two parcels under contract with the developer. Allen Leiby, who was a Supervisor at the time, had a son-in-law and a sister who both owned parcels under contract with the developer.

In the 2021 Municipal Election, Leiby lost re-election to John De Planque.

On appeal, the Commonwealth Court clarified that if the Board of Supervisors were to vote again on Duke Realty’s application, Heath Wessner must abstain and cannot break any ties. If there is a tie vote, then the application will be deemed denied.

The homeowners who appealed were represented by Attorney Joel Ready of Cornerstone Law Firm. Ready’s law firm partner, David A. Crossett, initially represented the homeowners but died in a tragic accident on June 29, 2022, six days after filing a brief on the merits for the homeowners in the Commonwealth Court.

The Commonwealth Court is an intermediate appellate court. The Maxatawny Township Board of Supervisors and Duke Realty Limited Partnership have a right, within 30 days, to request permission to appeal to the Supreme Court of Pennsylvania.

Information provided to TVL by:
Debra K