Judge rules against Todds
By PAT FRIDGEN Echo Pilot

Judge John R. Walker ruled against Jeff and Connie Todd vs. the Zoning Hearing Board of Antrim Township in an Opinion and Order released Sept. 12.

Walker said from the Court of Common Pleas of 39th Judicial District, Franklin County Branch, that he denied the Todds' motion to stay proceedings at the District Justice level on their land use appeal.

In addition, Walker denied the Todds' request to hear additional evidence and to depose members of the Zoning Hearing Board. The board held hearings on Feb. 27 and April 2, met in executive session April 17 and anounced May 8 that it was denying the Todds' appeal and variance requests of zoning violations for Todd Auto Body at 13545 Worleytown Road. The violations concern setback issues and building sizes as related to permits.

Todd attorney David H. Martineau had argued that the executive session violated the Sunshine Act because a written opinion was drafted before the public action was taken. Walker disagreed since all testimony and evidence had been presented beforehand.

Walker also wrote that deposing the Zoning Hearing Board members "would essentially take away from the fact that they are allowed to deliberate and discuss decisions in executive session."

Because Antrim Township is considered an intervening party in the court case, township solicitor John Lisko said the ruling allows the township to proceed with enforcement action against the Todds, which can include levying fines, although there is a cap on the amount that can be collected. Walker will still make a decision on their appeal of a July 25, 2007 Notice of Violation, based on the evidence already before the court.

Martineau said the case continues because he wants clear direction from Antrim on what the Todds need to do as they seek resolution.

"Antrim Township has demanded much beyond their real authority, such as actions that really belong to the Department of Environmental Protection. Other demands just are not right."

Martineau thought issues could have been settled last summer. "I would love to see an end in sight for this. I thought I saw one a year ago, when Jeff Todd moved his commercial business to a new location (on Molly Pitcher Highway)."