Lower Makefield appeals Aria ruling

Levittown - It's the second court filing in as many days involving the township zoning hearing board's decision.

Just a day after a Lower Makefield residents group asked a court to intervene in a continuing battle to stop construction of a new hospital, the township filed its own appeal.

On Thursday, Lower Makefield requested that a Bucks County judge reverse a decision by its own zoning hearing board that gave Aria Health System a special exception to zoning laws.

Residents Against Frankford Relocation asked for the same thing.

The township's appeal claims that after 12 hearings, the hospital didn't address traffic backup issues and was "incomplete, insufficient and not credible" in demonstrating its need for a special exception to the zoning laws.

The township also contends in the filings that the zoning board excluded comprehensive plans of Bucks County and surrounding municipalities, previous studies of the vicinity and the hospital's impact on police, emergency squads and other public safety services provided by Lower Makefield.

And the zoning board "excluded relevant and credible evidence'' and applied incorrect legal standards, the court papers state.

The zoning board's decision was "arbitrary, capricious and an abuse of discretion," township attorney David Truelove wrote in the filings.

The township claims that the zoning board was "biased and prejudiced" in favor of the hospital and gave "unfair deference and consideration" to the hospital.

Lower Makefield also wants the court to order the zoning board to collect, compile and transmit the complete record of this matter to the county prothonotary.

No date has been set for a judge to hear the appeal.

The proposed 225-bed hospital at Stony Hill Road and the Route 332 bypass would employ between 1,200 and 1,900 people. There also would be two medical offices and a helipad. The hospital, formerly Frankford Hospital, would move most of its medical facilities from its location in Falls.

The township has spent more than $106,000 in legal fees in its fight against the new hospital.

The newspaper was unsuccessful in reaching Aria Health or Truelove for comment.

George Mattar can be reached at 215-949-4165 or gmattar@phillyBurbs.com.

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