Residents' lawsuit to block Williams Township landfill expansion tossed
By SARAH CASSI
The Express-Times
EASTON — The almost year-long legal battle between Williams Township residents and their supervisors over closed-door meetings ended Thursday when a Northampton County judge dismissed the case in a decision that will allow negotiations over a proposed landfill expansion to move forward.
Judge Anthony Beltrami heard evidence and testimony from the Committee to Save Williams Township on Wednesday and Thursday, and ruled before township supervisors presented their case Thursday.
The Committee to Save Williams Township sued the township in February, claiming closed-door negotiations with Chrin Brothers Sanitary Landfill about a proposed landfill expansion violated the state's Sunshine Act.
Beltrami ruled the residents didn't prove their case.
Kathy Lilley, a plaintiff in the case who was in the courtroom, said Beltrami may have dismissed the suit but didn't rule either way on whether the supervisors violated the Sunshine Act.
"It's a blow to democracy if they think this is a win," Lilley said.
Brian Monahan, the township's solicitor, said the judge's decision "reflects the lack of evidence in this case."
"A few township residents attempted to paint a broad brush of secrecy that does not exist in Williams Township and certainly is no sunshine law violation," Monahan said.
Because the suit was tossed, the township can accept a settlement with Chrin over a lawsuit to put in a mobile home park near its landfill.
Under the settlement, Chrin agrees not to build the park and to pay the township more than $250,000 in fees, according to township Manager Deborah Patterson. Chrin would also increase the landfill's host fee from $1 per ton of deposited waste to $2 per ton, which would increase the township's yearly landfill income by $300,000.
The township paid more than $100,000 to defend itself from the residents' suit, Patterson said.
"While the township regrets that the plaintiffs brought the lawsuit, it is hopeful that the court's decision reinforces to all citizens the township's commitment to transparency in conducting municipal affairs," Patterson said in a prepared statement.
Negotiations over the landfill expansion can once again resume, said township supervisors Chairwoman Sally Hixson.
"We feel we've been vindicated in many ways by (Beltrami's) ruling," Hixson said, adding fighting the suit has been costly for township taxpayers. "It's a relief that it's finished. We felt all along we did nothing wrong."
Attorney Malcolm Gross, who represents the residents, did not return messages seeking comment about the judge's decision.
Lilley said the plaintiffs could push for criminal proceedings against the township, "which is something we haven't even decided if we're going to pursue."
Beyond the legal fight, Lilley said the judge's decision has larger repercussions.
"It's really sad because now other municipalities may feel they can just do this, and they can have one meeting and fix it," Lilley said. "The supervisors should really be ashamed of themselves."
The group will also pay attention to this year's township elections and are interested in "putting teeth" into the state's Sunshine Act, Lilley said.
"We feel transparency in government is extremely important," Lilley said. "If you don't have it at the local level, how can you possibly have it at the federal level?"
The Express-Times
EASTON — The almost year-long legal battle between Williams Township residents and their supervisors over closed-door meetings ended Thursday when a Northampton County judge dismissed the case in a decision that will allow negotiations over a proposed landfill expansion to move forward.
Judge Anthony Beltrami heard evidence and testimony from the Committee to Save Williams Township on Wednesday and Thursday, and ruled before township supervisors presented their case Thursday.
The Committee to Save Williams Township sued the township in February, claiming closed-door negotiations with Chrin Brothers Sanitary Landfill about a proposed landfill expansion violated the state's Sunshine Act.
Beltrami ruled the residents didn't prove their case.
Kathy Lilley, a plaintiff in the case who was in the courtroom, said Beltrami may have dismissed the suit but didn't rule either way on whether the supervisors violated the Sunshine Act.
"It's a blow to democracy if they think this is a win," Lilley said.
Brian Monahan, the township's solicitor, said the judge's decision "reflects the lack of evidence in this case."
"A few township residents attempted to paint a broad brush of secrecy that does not exist in Williams Township and certainly is no sunshine law violation," Monahan said.
Because the suit was tossed, the township can accept a settlement with Chrin over a lawsuit to put in a mobile home park near its landfill.
Under the settlement, Chrin agrees not to build the park and to pay the township more than $250,000 in fees, according to township Manager Deborah Patterson. Chrin would also increase the landfill's host fee from $1 per ton of deposited waste to $2 per ton, which would increase the township's yearly landfill income by $300,000.
The township paid more than $100,000 to defend itself from the residents' suit, Patterson said.
"While the township regrets that the plaintiffs brought the lawsuit, it is hopeful that the court's decision reinforces to all citizens the township's commitment to transparency in conducting municipal affairs," Patterson said in a prepared statement.
Negotiations over the landfill expansion can once again resume, said township supervisors Chairwoman Sally Hixson.
"We feel we've been vindicated in many ways by (Beltrami's) ruling," Hixson said, adding fighting the suit has been costly for township taxpayers. "It's a relief that it's finished. We felt all along we did nothing wrong."
Attorney Malcolm Gross, who represents the residents, did not return messages seeking comment about the judge's decision.
Lilley said the plaintiffs could push for criminal proceedings against the township, "which is something we haven't even decided if we're going to pursue."
Beyond the legal fight, Lilley said the judge's decision has larger repercussions.
"It's really sad because now other municipalities may feel they can just do this, and they can have one meeting and fix it," Lilley said. "The supervisors should really be ashamed of themselves."
The group will also pay attention to this year's township elections and are interested in "putting teeth" into the state's Sunshine Act, Lilley said.
"We feel transparency in government is extremely important," Lilley said. "If you don't have it at the local level, how can you possibly have it at the federal level?"
