Funny how Lower Macungie approves big projects and then lets the developer pay the legal costs of defending the project against opposition. This saves legal costs for township taxpayers but what does it say about the townships unwillingness to defend its actions. In the latest instance, the township has directed the developers of the planned Hamilton Crossings shopping center to pay the legal cost to defend the townships approval of the controversial Tax Increment Financing (TIF) for Hamilton Crossings. The owners of the Trexler Mall and Trexlertown Plaza have sued the township claiming the TIF is illegal. The lawyers for Hamilton Crossing have asked a Lehigh County judge for permission to intervene on the side of the township so they can do legal battle as directed by the township. The attorney for Trexler Mall and Trexlertown Plaza is crying foul to the judge, claiming that to allow Hamilton Crossings to intervene makes the Hamilton Crossings attorney the de facto solicitor for the township. (See todays Morning Call story.) Of course we expect county judge Michelle Varricchio to allow the Hamilton Crossings owners to intervene as fellow defendants with the township. Thats because four years ago this same judge allowed developer David Jaindl to join with the township in defending against the Friends zoning lawsuit to overturn the townships corrupt rezoning of Jaindls 700 acres of farmland for development. Jaindls attorney, Joe Zator, is one of the best in the business and successfully fought off the Friends zoning lawsuit while township solicitor Rich Somach took a backseat, describing the township as piggybacking on Jaindls legal arguments . The same switch of legal chairs is happening again with Hamilton Crossing, which means the township is not incurring legal expense to fight the TIF challenge from the owners of Trexler Mall and Trexlertown Plaza. Does this mean the township gives big developers what they want with the proviso that the developers assume the burden of fighting off any legal opposition to what the township gave them. Does this mean the township doesnt stand behind its controversial decisions ? Though it saves taxpayers money, there seems to be something unseemly about letting others do your fighting. Or maybe not ?
Posted on: Sat, 13 Sep 2014 20:45:19 +0000
Trending Topics
Recently Viewed Topics
© 2015