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WILKES-BARRE &mdash; Luzerne County Court does not have jurisdiction to decide an appeal filed by Mount Zion Baptist Church over a denial by Wilkes-Barre Township Council to rezone wooded land from industrial to residential, township Attorney John P. Rogers believes.
				&ldquo;This Court has no power to interfere with Wilkes-Barre Township Council&rsquo;s legislative process and its decision to deny Mount Zion&rsquo;s application for rezoning is not subject to direct judicial review,&rdquo; Rodgers wrote.
				Mount Zion, a small church with limited parking on Hill Street, Wilkes-Barre, is planning to construct a new church and community hall along South Empire Street in the township.
				The location is a wooded area across from Mayflower Apartments in Wilkes-Barre.
				Attorney Michael S. Melnick, on behalf of Mount Zion, requested a zoning change from an M-3 heavy industrial district to R-3 residential under the township zoning ordinance.
				The heavy industrial district ordinance does not allow houses of worship or churches but the residential classification does allow them.
				Despite the township planning commission recommending the zoning change, township council after a public meeting held May 28, 2019, denied the rezoning request.
				Mount Zion appealed council&rsquo;s decision in county court.
				In response, Rogers has filed a motion seeking to dismiss the appeal, arguing that the court does not have jurisdiction.
				Rodgers did not include the reason why township council denied to rezone the land.
				Mount Zion purchased 15 acres from the Wilkes-Barre Area School District where they plan to build their new church and community hall.

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