The Judge recently requested that the parties (Golf Enterprises/Newberry Township/Valley Green Residents’ Organization) explore the possibility of an out-of-court resolution. VGRO’s position on this request is that it is in the best interest of the VGRO Board, and the community in general, to participate in the discussions to see if there is a reasonable compromise that can be reached. Depending on any potential settlement, nothing would be decided unless mutually agreeable between the Township and Golf Enterprises with the input of the community. Your Valley Green Resident’s Organization will continue to keep you informed.
Here is the latest information we have with regards to our fight against McNaughton’s desire to Destroy the Valley Green Golf Course:
VGRO was recently informed that McNaughton’s Attorney has finally listed the case (McNaughton’s Appeal with the York Co. Court of Common Pleas) for what is called “one judge disposition” under local rules. This means the court administrator will assign our case to a judge, who will then rule
on his appeal.
There is no set deadline
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for a decision once the judge is assigned, but it appears that this could take a few months at a minimum. We will continue to keep you posted. It
is important that we keep up our fight, that started over two years ago. Thanks for all your support!
Well, here is what has been going on:
Aug -2012: Golf Enterprises, Inc, GEI, initiated a curative amendment challenging the validity of the Newberry Townships 2006 Zoning Ordinance as to the open space zoning classification of GEI’s golf course property in Newberry Township.
June- Sept, 2013: The Newberry Township Board of Supervisors, BOS, held four hearings on the curative amendment application.
Nov 8, 2013: The Newberry Township Board of Supervisors upheld the constitutional validity of the Zoning Ordinance against the challenge by GEI.
GEI filed its appeal in support of land use with the York Co. Court of Common Pleas.
Jan 10, 2014: Valley Green Residents Org, VGRO, filed a Brief of Intervention to the Land use Appeal.
Jan 31, 2014: GEI filed a brief to oppose VGRO petition to intervene.
Feb, 2014: VGRO filed a brief in support of our petition to intervene.
Feb , 2014: GEI filed reply brief to VGRO petition to intervene.
Feb 11, 2014: The York Co Motions Court ruled the VGRO had a right to file a Petition to Intervene to the Land use
The Court Administrator will now assign a judge to review the case and issue an opinion based on the brief. Either party may request an oral
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argument prior to the Judge’s ruling. There is no set deadline for a Judge to make a ruling.
This has been a long battle to preserve our Open Space Zoning for Newberry Township. This could not have happened without the support of so many Township residents. Your support is still needed as this is going to be a long court battle.
Contributions can be made to Valley Green Residents Org, VGRO, and mailed to 115 St Andrews Way, Etters, Pa 17319.
Golf Enterprises, Inc. recently filed a Notice of Appeal with the York County Court of Common Pleas. Click on McNaughton Appeal for a portion of the Notice as filed on December 11, 2013. As you can see, McNaughton is requesting a reversal of the Decision from our Board of Supervisors regarding his Curative Amendment – the destruction of the Valley Green Golf Course.
It is important that all residents attend Township meetings and continue to voice your support of the Supervisor’s decision to not rezone our open space and their legal arguments for their decision during the appeal process.
Read the entire Curative Amendment Decision – Findings of Fact attached – click on the following: Curative Amendment Decision
It is important that Valley Green Golf Course continues to be the focal
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point of Newberry Township’s primary growth area. McNaughton still has over 400 properties that have been approved for
development since 2006 and have not yet been constructed. Don’t let him destroy the golf course! Keep
up the fight! Attend Township meetings – stay informed!
At a standing room only Newberry Township Board of Supervisor’s meeting this evening, the Board of Supervisors voted 4-1 to reject a zoning change proposed by Fran McNaughton and his development company, Golf Enterprises, Inc. McNaughton’s proposed change would have paved the way for the destruction of the Valley Green Golf Course and the development of more than 300 new housing units.
After a motion to reject McNaughton’s change was made by Supervisor Maxine Kauffman, three additional supervisors – Carl Hughes, Robert
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Conley, and Brandt Cook – joined in support of the motion. Supervisor Ernest Helmick was the lone vote in favor of McNaughton’s proposal.
The meeting was attended by more than 100 concerned residents including many VGRO members. “This a great win for residents of Newberry Township,” said LeeAnn Menut, President of Valley Green Residents Organization (“VGRO”). “We thank the four supervisors who listened to the wishes of their community. VGRO will continue to fight in the interest of local residents for the betterment of our township.”
The Patriot-News has posted video of the hearing with their article titled, “Newberry Township supervisors put kibosh on Valley Green Golf Course rezoning.”
The York Daily Record reported, “Valley Green Golf Course will remain open space.” And the York Dispatch explained, “Newberry supervisors say no to Valley Green rezoning.”
UPDATE: WHP CBS21 has run a story last night and this morning which can be viewed here, and the York Dispatch has added “Newberry Twp. Residents Praise Supervisors’ Decision.“
As most of you are aware, the hearings have ended regarding McNaughton’s request to destroy the Valley Green Golf Course. Next is the vote by the Board of Supervisors. This vote will take place on October 22nd at the Township Building at 6 pm.
It is important that we continue our support of preserving our open space. Remember – Golf Enterprises has already
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used the golf course to meet its open space density requirements several times for golf course cluster developments.
We want to thank all of you for your support and attendance at all of the hearings and meetings. Hope to see as many of you as possible on the 22nd!
-Your Valley Green Resident’s Organization
This Thursday, September 26th at 6pm, one more hearing will be held at the Newberry Township Fire hall regarding the substantive validity challenge and proposed curative amendment to Newberry Township’s zoning ordinance. This meeting will include rebuttal testimony and closing arguments. It is critical that we continue to show the Board of Supervisors that we are not giving in to McNaughton. We
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will continue to fight for our Township and it’s Open Space for our children and their children!
“Following are three articles that were written after the last hearing held on September 10, 2013:
Valley Green resident group concludes testimony
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at rezoning hearing – By STEPHANIE REIGHART
Per Attorney Gemmill (Attorney for McNaughton) on June 6th, “McNaughton Homes are what we’re looking to eventually develop on this property”.
We all know how difficult it is to attend meetings, let alone several just weeks apart; however, next Tuesday’s hearing (September 10th at 6pm – Newberry Township Firehall) will be just as important for all of us to attend. We must continue our fight and stop McNaughton from destroying our Open Space.
Thank you to all of our neighbors who have so generously donated their time and money toward our fight.
Please join us next week as we hear the testimony about the original development of the golf course and the impact that the rezoning will have on all
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of us. We also hope that you will consider voicing your own opinion during these hearings. It is important that the Township Supervisors are aware of how the residents feel about the zoning change requested by McNaughton. Make your voice be heard – be present!
We will also offer the “Keep the Course” buttons, to help offset the costs for our fight, for a minimum donation of $25. Thank you from your VGRO – Valley Green Resident’s Organization!