After three continuances, a substantive validity challenge for Penn Forest’s data center ordinance was to be held at Penn Forest Fire Company 1 Wednesday night

J. William Fontaine is challenging the recently passed data center ordinance, but he requested a continuance because he had a conflict due to the death of a person for whom he is court appointed representative.

A substantive validity challenge is “a formal legal action claiming that a local zoning ordinance or map has a fundamental, unlawful flaw in its rules or restrictions, rather than a technical error in how it was adopted.”

This did not sit well with the at capacity crowd.

After some screaming from residents, Zoning Board solicitor Greg L. Mousseau and Zoning Chair Audrey Wargo reminded the audience that the stenographer is still recording and people need to speak one at a time. They then agreed to answer questions.

Mousseau explained that legally they must vote on the continuance at a public meeting, which they did. If the board makes a decision outside of a meeting they violate the Sunshine Law.

In order to hold a hearing they need the township solicitor, attorneys for all parties and the zoning board present. A new date of Aug. 17 at 6:30 p.m. at Penn’s Peak was picked for the hearing.

Mousseau explained that legally there is no limit to the number of continuances. That is part of the municipality planning code.

The question was asked about who pays for the Fire Hall as well as Penn’s Peak for past hearings.

The reply was the township does. It was then asked if Fontaine can be charged for the rental fees, and it was recommended that the board of supervisors are asked about that.

Residents requested a copy of Fontaine’s paperwork from the zoning enforcement office.

Mousseau explained, “When the hearing does occur it will be like a regular hearing. The zoning board are the judges in this matter. They will look at the law and determine if the challenger meets a burden of proof. There will be questions, witnesses and cross-examination.”

Wargo said, “I grew up on this mountain. We’re doing the best we can with as little information as we have. I appreciate the people who care. Look online for the municipality zoning rules and regulations for further understanding of this process.”