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Franklin files injunction to stop bike night

Franklin Township has filed a civil complaint seeking an injunction to stop the 19th annual Lehighton Bike Night activities, scheduled for this Saturday at 1500 Rock St., in the township.

The action was filed in the county court late last week against Lloyd Otto LLC, doing business as Riders Resort, 21 S. Ninth St., Allentown, and the property located at 1500 Rock St.The township claims in its action that the defendant does not have zoning variances to hold the event and was told it does not have proper variances.Carbon Judge Joseph J. Matika scheduled a hearing on the injunction request for 1:15 p.m. today at the courthouse in Jim Thorpe.In its action, the township claims that the property in question is located in two zoning districts — agricultural and residential. It also states that the property was granted a variance to operate as a campground.The suit says four or five structures are designed for human occupancy on the property, but only one has been issued a certificate of occupancy.On Oct. 4, 2016, township zoning and building code enforcement officer Carl Faust met with Gary Elbert, general manager of Lloyd Otto LLC, concerning the various zoning and building code issues for the property.On Aug. 7 of this year Faust sent a letter to the defendant informing it that its property was in violation of the township’s construction code for lack of occupancy certificates.In response to that letter, the suit notes Otto sent a letter to Faust on Sept. 6 stating occupancy permits were issued for all structures on the property on Sept. 1, 1999, but provided no permits.Faust responded to the letter the same day informing Otto that the property was in violation of the township’s zoning ordinance for operating.The township contends that the bike night activities are expected to attract an estimated 3,000 people.The suit states the township has several health and safety concerns with the proposed event including the lack of adequate solid waste facilities, sewage facilities and security personal.Further, the township contends the property is in a dangerous condition because “it violates both the township building and zoning ordinances, and it is being advertised as a venue which would exacerbate these violations.”The suit lists five elements needed to sustain a request for a preliminary injunction and further states its contentions why these five elements are established in the township’s complaint.Among the contentions are the health and safety concerns, no request was made by the defendant for trash removal, there is no indication of how traffic or parking for 3,000 vehicles will be accommodated, there is no indication that the on site sewage facilities can handle up to 3,000 guests and there is no indication that private security will be employed and there is no request for additional police presence.The injunction request was made because the event is Saturday. The suit states a trial date would be too late to stop the alleged violations.The bike night activities were held last year at the Mahoning Drive-In in Mahoning Township and raised an estimated $2,700 for charities.

Check back for updates after the hearing.