Farmview Residents confront the lawyer who sued them

November 4, 2021 – UNT Supervisor’s meeting

Announcements

The Public Works Department is doing a weekly leaf pickup. See the township website for the schedule.

The Yard Waste Facility on Friedenstahl Avenue will close on November 20th

Lawsuit against Farmview Estate Homeowners

Attorney Pierce spoke at the beginning of the meeting about litigation filed by Faust Family Limited Partnership 2 against 381 residents of Farmview Estates and Upper Nazareth Township.

Mr. Pierce described the lawsuit as a “Quiet Title” and the court granted the Plaintiffs the right to inform defendants about the lawsuit in a legal ad published in The Express Times.

In 1905, someone filed the East End Plan for lots between the high school and the Intermediate school. The houses on the plan were never built but the streets in use today were all on it. Mr. Pierce says the lawsuit does nothing except deny everyone the right to drive on West Street. He claimed it didn’t impact anyone and that the lawsuit does not put a lien on anyone’s house. However, one resident said her refinancing loan was nearly canceled and another said it could have impacted her real estate license and/or the broker’s license she is currently applying for. She said she sent the lawsuit to her Title researcher and even he was confused about what it meant.

Donna Hirst, who lives in Farmview, said this is the second time this has happened  (A similar lawsuit was filed in December 2018 and was withdrawn when a resident was denied a loan because, during the Title search, it appeared there was a lien on the house) and that this action could have caused a resident to suffer a financial loss.

Another resident pointed out this practice of filing a lawsuit and not telling the defendants about it was very shady and very unprofessional and wanted to know why Faust Family Partnership 2 was doing this. Answer – they want to build more apartments on the land and they don’t want to pay the cost to have the Sheriff’s department serve everybody.

Someone asked if any plans had been filed for the property and Betty Parrish said something had been presented at a Zoning Hearing 3 years ago but it had been denied. Faust has maximum density on the property now, but he wants to add more buildings. One resident said they don’t want any more apartments in that area.

I pointed out the issue of timing. Mr. Pierce received permission from the Judge on September 17th to place an advertisement about the lawsuit. He’s had 6 weeks to place the ad but hadn’t done so. Why the long wait? The lawsuit filed in 2018 stayed open for 257 days—a long period of time in which to cause trouble for anyone applying for a loan.

On a recommendation from Gary, the board took a vote to file a complaint with the court to strike the order about the advertisement and require Faust Family Limited Partnership to notify all defendants by mail. The motion passed 5 to 0. Gary also suggested that anyone adjacent to the property seek counsel.

Public Comment

A 3rd Street resident complained about how no one in his area had received notice of a variance to build a house on a small lot. He said Zoning Officer John Sloe had said a variance wasn’t required because the address would be on 3rd street. However, that house’s mailbox was recently moved to Friedenstahl Avenue. He stated that the Zoning Board should not have allowed that house to be built there. He was instructed to contact the Zoning Officer directly, but he said he’s done that repeatedly and it’s a waste of time.

Mr. Cunningham, who serves as a township representative on the Library Board, complained that the Public Works department pulled its promised Public Works vehicle at the last minute for the Library’s Touch-a-Truck fundraiser in October. Mike Rinker said the truck wasn’t able to participate because of insurance concerns and because the board never took a vote on it. Mr. Cunningham produced papers he said proved 13 points of contact with the township about the event, some of the emails and voice mails to the township manager, the Fire Chief and Public Works dating back to July. When those people claimed they had never received them, Mr. Cunningham said the addresses listed on the website were wrong and that this mishap was bad for our reputation with the Library.

Scott Sylvanius calmed things down, vowing to resolve the issue and promising that the township would participate next year.

Supervisors

Approval of Resolution No. 21-15 for the 2022 General Fund Budget.

Approval of Resolution No. 21-16 which set the 2022 Real Estate Tax (7.9 mil) and the 2022 Special Library Tax (0.6 mil) – no change from last year.

Approval for 21-17 Act 511 Taxes.

Approval of the 2022 Liquid Fuels Budget

Approval of the 2022 Recreation Budget

Approval of the 2022 Library Budget

Approval of Resolution No. 21-18, Supplemental appropriations for the 2021 Budget.

Supervisor Robert Disbrow announced that he is resigning from the Recreation Board.

I had to leave the meeting early, so this report is incomplete.

Becky Bartlett covers these meetings because citizens have a right to know what their government is doing.


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