North Whitehall Township concluded a multi-day hearing on a petition for a substantive validity challenge and curative amendment filed by Gene and Deborah Weierbach Aug. 28.

The hearing, which began Dec. 8 and continued through Dec. 10, centered on the applicants’ claim the township’s zoning ordinance unconstitutionally prohibits auto repair garages as accessory uses in residential districts.

Gene Weierbach, a certified mechanic, testified extensively about his small home-based auto repair operation, which performs routine services such as oil changes, tire rotations and electrical work – averaging roughly one car per day.

He does not conduct major repairs or body work.

Neighbors including Carl Schmidt and Jared Becker told the board the business has never caused disturbances and has been an asset to the community.

Weierbach has operated this business for 24 years.

Additional testimony came from neighbor Bonnie Culver, who reported no negative impacts and Zoning Enforcement Officer Aubrey Miller, who outlined the township’s investigative steps.

The board also considered proffered testimony that had been previously barred, including statements from the supervisor who initially filed the complaint.

The Weierbach’s, represented by the Institute for Justice – led by Senior Attorney Ari Bargil with Attorneys Daniel Woislaw, Christian Lansinger, Bill Fries, Hilary Loya and Elena Pavlulchina – argued the ordinance’s prohibition is unconstitutional given the lack of adverse effects and the business’s compliance with environmental and safety standards.

Matthew Deschler, who represented the township countered that consistent zoning enforcement is essential and that restricting commercial uses in residential areas is both lawful and reasonable.

Public comment overwhelmingly supported the Weierbach’s, with resident Ed Noga urging the township to consider the impact of personal disputes on small businesses and advocating for more compassionate approaches.

After deliberation, the board voted to reject the proposed amendment, upholding the ordinance’s constitutionality.

A written decision is expected by year-end and Bargil indicated the applicants plan to appeal.