By Rory Sweeney
Staff Writer

WILKES-BARRE – Dorrance Township and the owners of the Small Mountain Quarry disagree on the value of non-expert testimony from residents.

At stake are the livelihoods of 150 quarry employees, the rural township’s pristine environment and Small Mountain itself, all of which now rests in the opinion of Luzerne County Court of Common Pleas Judge Ann Lokuta.

The township Zoning Hearing Board unanimously vetoed a proposed expansion of the quarry in July, and Pennsy Supply Co. appealed in August. It also simultaneously applied for a conditional-use permit before the township board of supervisors.

The first approach of Pennsy’s dual strategy continued on Monday with a court hearing before Lokuta on the appeal. Attorneys for the quarry, which is operated by Pennsy subsidiary Slusser Bros., argued that the testimony from their arsenal of hired experts submitted during a hearing before the township’s zoning hearing board should carry more weight than speculation from residents.

The township’s zoning board solicitor, Richard Hughes, argued the board is allowed to give testimony whatever weight it feels appropriate and residents have seen changes since the quarry began its operations decades ago. That expertise, he said, shouldn’t be overlooked.

William Higgs, an attorney representing the owners of the adjacent Lenahan’s Restaurant, said that much of the expert testimony, which included models and examples based on similar sites elsewhere, was itself little more than professional speculation.

But before Lokuta can rule, she’ll need the entire record to sift through. Much of it, she said, didn’t make it to her chambers, so she directed the attorneys to meet with her law clerk to secure the required volumes. The attorneys were given 15 days to file briefs before she rules.

The conditional-use hearing may continue the week of April 13, but no specific date has been set.