LOWER SAUCON TWP., Pa. — After the Bethlehem Landfill Company on May 15 sued Lower Saucon, specific council members and the township solicitor, the township board majority on Wednesday made a move of its own.
Council voted 3-0, with Councilmen Jason Banonis and Thomas Carocci absent, to, among other things, disband the joint defense agreement reached by the former administration in August regarding landfill expansion litigation.
The “joint defense and joint privilege agreement” between Lower Saucon and Bethlehem Landfill Co. addressed a number of legal actions underway, including cases filed by local residents.
They include a declaratory judgment/equity complaint, a land-use appeal challenging the validity of township ordinance and a substantive validity challenge against township ordinance filed with the township Zoning Hearing Board.
Council at the time of the agreement’s approval consisted of four pro-expansion Republicans and one anti-expansion Democrat, while the current council has flipped to a 3-2 Democratic majority.
Officials’ stances on allowing the broadening of the landfill also have remained along party lines on township council, with supporters citing the dump’s financial role in the township budget and opponents keying in on environmental impacts.
The newest majority campaigned as a slate, making the fight against a landfill expansion a key part of their platform.
'I think it speaks for itself'
“I think it speaks for itself,” said Councilwoman Victoria Opthof-Cordaro, who had requested the vote on the joint defense agreement be added to the evening’s agenda.
“We shouldn’t be in a joint defense with anybody who’s suing us in another case.”
Landfill attorney Maryanne Garber said the move from council was “inappropriate” and “troubling.”
“I know you won’t make clarifications from the dais, but what I heard was the reason for terminating this is because of the lawsuit that was filed on May 15, which doesn’t have to have an impact on the joint defense agreement."Maryanne Garber, Bethlehem Landfill attorney
“I know you won’t make clarifications from the dais, but what I heard was the reason for terminating this is because of the lawsuit that was filed on May 15, which doesn’t have to have an impact on the joint defense agreement,” Garber said.
“I’ll just leave it at that.”
Potential conflicts of interest
Garber said she wanted the record to show her clear objection to “Ms. Opthof-Cordaro’s participation in any discussion or actions taken with respect to any of this litigation.”
Opthof-Cordaro said she didn’t believe there was any conflict of interest on behalf of her voting on these matters, or on behalf of her parents, who live near the landfill and have expressed concerns on record about property values decreasing with a potential expansion.
“I have full ability and, in fact, a duty, to vote on those matters as an elected official, so I will continue to vote on those matters."Lower Saucon Councilwoman Victoria Opthof-Cordaro
“I have full ability and, in fact, a duty, to vote on those matters as an elected official," Opthof-Cordaro said. "So I will continue to vote on those matters."
A county court hearing reportedly set for next Thursday regarding a lawsuit surrounding previously approved conservation easements that were done away with by the previous council majority in exchange for other property to be conserved.
Some of that previous land in question was proposed to be included in the dump expansion.
Recent lawsuit filed by the landfill
The more-than-150-page lawsuit filed by the Bethlehem Landfill on May 15 lists as defendants Lower Saucon Township; its council and specifically Democratic council members Priscilla deLeon, Laura Rayand Opthof-Cordaro; and recently appointed township solicitor Steven Goudsouzian.
The complaint alleges state Sunshine Act violations from the township supervisors and legal filings from the township solicitor with no official approval beforehand.
Landfill officials are seeking compensation for legal fees related to the lawsuit, declarations of wrongdoing from township officials and pay for damages for costs “it has incurred in reliance on the Township’s promise to release certain restrictions on portions of the Landfill Expansion property, which release it now seeks to invalidate by reversing course in the Declaratory Judgment Litigation.”
“Specifically, and without voting at a public meeting, Defendants entirely reversed the Township’s litigation process and determined not to defend a lawsuit docketed with this Court … which was filed against the Township and [Bethlehem Landfill Co.] by objectors seeking to prevent the landfill expansion. … The Township is a defendant in the Declaratory Judgment Litigation, but has now, with a secret vote, taken the same position as the plaintiffs in the Declaratory Judgment Litigation.”A May 15 lawsuit from the Bethlehem Landfill, filed against Lower Saucon
“Specifically, and without voting at a public meeting, Defendants entirely reversed the Township’s litigation process and determined not to defend a lawsuit docketed with this Court … which was filed against the Township and [Bethlehem Landfill Co.] by objectors seeking to prevent the landfill expansion,” the suit reads.
“The Township is a defendant in the Declaratory Judgment Litigation, but has now, with a secret vote, taken the same position as the plaintiffs in the Declaratory Judgment Litigation.”
More lawsuit allegations
The lawsuit states the defendants “attempted to cure” the alleged violation by making the vote on record at a later meeting.
Instead, they only again violated the Sunshine Act in the process by not placing that vote on the respective agenda before the meeting.
Goudsouzian, in his capacity as township solicitor, acted “beyond his authority” by taking action to “reverse course” in the legal process, the suit reads.
And the landfill says Opthof-Cordaro has various conflicts of interest that shouldn’t allow her to vote on such matters.
“Her immediate family has a pecuniary interest in the expansion," the lawsuit says.
It says she also "has acted in her capacity as a licensed attorney to represent current and former objectors to the Landfill Expansion."
And, it says, "her cumulative actions as a lawyer and the daughter of persons alleging direct pecuniary harm from a future landfill expansion demonstrate a clear bias and inability to be impartial and act in the best interests of the Township with respect to matters regarding the Landfill Expansion.”
