9.22.2009  HYK CONDITIONAL USE News. On 11/24/2008, Judge Vican of the Court of Common Pleas of Monroe County issued an Opinion and Order Argument regarding party status of the EAC and the disqualification of the Smithfield Township Board of Supervisors from acting in a judicial role on the conditional use hearings. An appeal was filed on behalf of the Township in Commonwealth Court, and was quashed pending hearing on post trial motions. This hearing took place on Tuesday, August 25 at 9:45 am,  in the Court of Common Pleas of Monroe County, before Judge Vican. On September
18, 2009, an Order on the Motions for Post Trial Relief was entered. 

Background: HYK Construction filed a lawsuit in Common Pleas Court seeking to revoke the party status of the Smithfield Township Environmental Advisory Council, and to disqualify Smithfield Township Board of Supervisors from hearing this case.

Please click here to view Judge Vican's 9.18.2009. order DENYING all motions for Post Trial Relief.

Please click here to view the complaint and request for injunction submitted by HYK Construction

Please click here to view a previous Memorandum of Law submitted by HYK Construction

Please click here to view the answer of the Smithfield Township Environmental Advisory Council (EAC) to the above Memorandum by HYK

Please click here to view Judge Vican's decision.

Click here for May 6 order vacating appeal, and May 24 Order to schedule argument.