PASUPCT Denial 10.12.17 The Pennsylvania Supreme Court has refused to hear McNaughton’s Appeal filed earlier this year after the Commonwealth Court of Pennsylvania ruled against McNaughton. Valley Green Resident’s are delighted with this news that comes almost six years after starting their fight to preserve their open space in their community.
Golf Enterprises, Inc. appealed to the Commonwealth Court back in January 2016. Golf Enterprises filed the appeal stating that the Court errored in its decision dated December 30, 2015 Order Denying Land Use Appeal.
Oral Arguments were held on 9/15/2016 in regards to the Appeal.
As of 1/31/2017, we are still awaiting a decision by the Court. VGRO will update this website as soon as any decision is handed down. Our fight, over the last 4-1/2 years would not have been possible without your support. As always, it is important to stay informed- consider attending Township meetings (Board of Supervisor’s/Planning/Zoning). A list of the meetings are available at the Township website www.newberrytwp.com; and on this webpage, on our calendar.
Click on the following link to read all of Judge Clark’s Opinion
Judge Clark’s Opinion Further Support His Decision
In a 19-page Opinion issued late today, Senior Judge Lawrence F. Clark, Jr. of the York County Court of Common Pleas ruled in favor of Newberry Township and VGRO in denying the Land Use Appeal brought by Golf Enterprises, Inc. (“GEI”). You can read the full Opinion at the following link:
12.30.2015 ORDER AND OPINION DENYING LAND USE APPEAL
More to come on this later, but this is a huge win for VGRO and our fight to keep the open space the Township has enshrined in its zoning and comprehensive plans for decades.
Thank you to everyone who has put so much effort into this since the beginning more than three years ago. Our work isn’t finished, but we’re now seeing what organized and committed residents can accomplish.
In December 2013, GEI filed a Curative Amendment Appeal challenging the validity of the Newberry Townships 2006 Zoning Ordinance, with regards to the open space classification of the golf course property.
On 10/15/2014, Judge Lawrence Clark requested that all three parties attempt to work out an agreement to settle the issue of open space with regards to the curative amendment. (Effectively removing the judge from making an all or nothing ruling for one party.)
Despite extensive negotiations between the parties over the last 10 months, representatives from the VGRO (Valley Green Resident’s Organization) board, the Newberry Township Board of Supervisors/Solicitor, and Golf Enterprises Inc. (GEI/McNaughton) could not reach a proposed settlement that was agreeable to all parties.
As a result, Judge Lawrence Clark will make a decision regarding the Curative Amendment Appeal that GEI filed. We believe that the risk of the supervisors’ decision being overturned is outweighed by the benefits of the court upholding the decision.
As always, your Valley Green Resident’s Organization Board will continue to fight for our Open Space and appreciates all of the continued support from everyone. We urge all of the residents to attend the monthly Board of Supervisors meeting and make known your position on this, and any other areas of concern, in your community.