×

Judge: Muncy Township Supervisors have ‘ministerial responsibility’ to sign Bass Pro Shop plan

A proposed Bass Pro Shops is a procedural step closer to coming to Muncy Township and The District after a ruling by a Lycoming County Court judge Friday.

Judge Eric R. Linhardt, in a hearing, granted the developer FAMVEST’s motion for a preliminary injunction versus the defendants — Muncy Township and Muncy Township Board of Supervisors.

The order states the township supervisors have a ministerial responsibility to sign the Bass Pro Shop subdivision for lot consolidation. He noted the board has that responsibility and they have refused to carry it out and granted the plaintiffs the immediate relief sought.

The township supervisors board consists of Terri Lauchle, board chair, Denise Artley, vice chair, and Heath Ohnmeiss.

The subdivision for the project was approved with conditions on Dec. 10, a document which the majority of the township board has refused to sign to date, argued Nicholas H. Pennington, attorney for FAMVEST with Stevens & Lee P.C. of King of Prussia.

Ara Kervandjian, manager, vice president, and secretary for Famvest Partners Famvest Partners, LLC. testified that if Bass Pro Shops, an anchor tenant at The District, would decide against the coming to the former Best Buy building and parcel, that would “severely impede” future development of the former Lycoming Mall properties going forward and have “drastic effects.”

The outdoors outfitter is “one of the best tenants you could ever land … it’s like Disneyland,” Kervandjian said.

Lauchle testified, when questioned by Pennington, that neither she nor the board were against the development or the developer.

It was rather an issue for her that the subdivision was not reviewed by the township engineer or zoning officer, she said.

“It caused me to question why not?” she said, adding the township board will continue to go through proper procedure, and stated that FAMVEST has not.

Pennington showed Lauchle a copy of the township Subdivision and Land Development Ordinance (SALDO). Lauchle said that what was before the board was listed as a “minor” subdivision.

“It really is a major” (subdivision), she said. “It should have been flagged by our engineer … I am not holding this up,” she said. “We just want to protect the township and are not against the development or developers.”

Pennington pressed Lauchle further, asking her where in the township ordinance could he find this type of review necessitating such a delay by the board.

Attorney Joseph Orso, for the defendant, argued that the developer failed to meet a six-prong test for preliminary injunction, including, but not limited to, a lack of evidence shown by the plaintiffs of any irreparable harm that cannot be compensated by damages should it lose Bass Pro.

“The path is moving forward,” Orso said.

In his closing remarks, Pennington asked the court grant relief saying the “unbelievable ramifications and incalculable consequences if Bass Pro Shops pulled out are real.”

Starting at $2.99/week.

Subscribe Today