ALLENTOWN, Pa. — A Lehigh County judge soon could decide whether Nexus 78, a proposed 501,000-square-foot warehouse in North Whitehall Township, goes ahead, thanks to an appeal.
Amid broad public opposition to a warehouse rising at Route 309 and Orefield Road, North Whitehall’s board of supervisors voted in June not to grant land development approval for the project.
In a formal denial letter, board of commissioners wrote that Nexus 78 would create health and safety risks not typically associated with a large warehouse, and its driveway layout creates hazardous conditions for drivers on nearby roads.
“Denial of the plan was arbitrary, capricious and against the weight of the evidence.”
Developer TCNE North Whitehall attorney Catherine Durso
The letter also contends that developer TCNE North Whitehall, a subsidiary of the Trammell Crow Company, failed to prove a future warehouse would comply with noise regulations.
Last month, TCNE appealed the board’s decision, asking a judge to grant it land development approval.
The developer’s attorney, Catherine Durso, argued in court filings that the proposal complied with all of North Whitehall’s regulations, and supervisors lacked legal authority to block the project.
“Despite public opposition to a project, a Township is obligated to exercise good faith in its review and consideration of land development plans, which was not done in this instance,” Durso wrote.
“Denial of the plan was arbitrary, capricious and against the weight of the evidence.”
During the planning process, TCNE did not request any zoning variances or waivers from the township’s subdivision and land development ordinance.
Township zoning rules allow large warehouses by right on the 71-acre tract where Nexus 78 would sit.
North Whitehall Township has not yet filed a response to TCNE’s lawsuit.