Lehigh Asphalt Paving and Construction Co., Tamaqua, can't expand a quarry on Hollow Road in East Penn Township, supervisors learned during a meeting Monday. The company's request to do so was shot down in a Dec. 17, 2012 decision by the Supreme Court.
The Supreme Court ruling came to light during the public comment portion of the supervisor's meeting, when resident Joe Ehritz congratulated solicitor James R. Nanovic on his work on the case, which has been ongoing since 1999. Lehigh Asphalt's challenge to East Penn's zoning ordinance began with the township, and continued to the Court of Common Pleas of Carbon County, the Commonwealth Court and the Supreme Court. Nanovic represented the township at each level.
Lehigh Asphalt sought to expand a five-acre quarry operation located within the boundaries of a 114-acre parcel on Hollow Road, which is owned by Charles and Agnes Messina. The parcel includes 64 acres on the west side of Hollow Road and 50 acres on the east side, which is where the 5-acre quarry is located.
Since 1996 the parcel was zoned R (Rural) and RR (Rural Residential). The township zoning ordinance regarding mining and excavation, states that such operations are considered temporary uses of land, and are permitted by Special Exception.