LDS Church appears clear of legal hurdles in East Hempfield Township
Residents' appeal denied by county judge
By DAVID O'CONNOR
Lancaster
Updated Aug 16, 2010 23:09

After several years of legal battles with neighbors, it now looks like a new East Hempfield Township church has cleared its last hurdle.

Attorneys for the proposed Church of Jesus Christ of Latter-day Saints think so, in the wake of a new ruling by a Lancaster County Court judge dismissing objections from neighboring residents.

And an attorney for residents who live near the proposed church, now under construction at 1136 Sunwood Lane, just off Harrisburg Pike, said he thinks "that's it" with the residents' efforts to halt the church.

The residents have opposed the new facility due to traffic and related concerns.

Judge Howard Knisely, in an Aug. 3 ruling, denied an appeal of the final land-development approval filed by six neighbors who oppose the church construction.

And the lawyer for the neighboring residents, Harrisburg-based land-use attorney William Cluck, said Monday the neighbors' attempts to halt the church project probably have ended.

Judge Knisely's nine-page order recounts the history of the effort to start construction on the 25,790-square-foot church.

The church is a use permitted by special exception, which had been granted by East Hempfield's zoning hearing board.

The preliminary land-development plans for the church were submitted Aug. 30, 2006.

East Hempfield supervisors gave the go-ahead to the church's final plan last October, reversing a vote from September in which they denied final plan approval.

A series of court and township proceedings have been held over the last year and a half, costing both sides a considerable amount in legal fees.

But after considering appeals, briefs from both parties and arguments of counsel, Knisely ordered that the neighbors' appeal of the supervisors' final land-development plan approval be denied.

An attorney for the LDS church, Marc Jonas of Blue Bell, said Monday he and church officials have felt "strong and confident" that the church should be allowed to proceed.

"And while there are never any guarantees or assurances when you go into the legal system … we have felt that (confidence) was borne out by Judge Knisely's opinion."

Jonas said he now hopes the neighbors drop their challenge "and allow the church to proceed in peace."

The 10-acre site, where the church can be seen rising above the ground, is on the southwest corner of Harrisburg Pike and Sylvan Lane.

While the neighbors have concerns about traffic and the related impact, LDS representatives have said the church would not have a large impact on its new neighborhood.

Church representatives could not immediately be reached for comment Monday regarding when their new worship facility might open.

doconnor@lnpnews.com

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