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WILKES-BARRE &mdash; An attorney for Mount Zion Baptist Church believes there is circumstantial evidence of racial discrimination behind Wilkes-Barre Township council&rsquo;s vote not to rezone land for a planned church and community hall.
				Attorney Michael Melnick, on behalf of Mount Zion, filed a response to the township&rsquo;s request to dismiss a lawsuit the church filed seeking to overturn council&rsquo;s decision to keep land along South Sherman Street zoned heavy industrial.
				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.
				Despite the township planning commission recommending the zoning change from an M-3 heavy industrial district to R-3 residential under the township zoning ordinance, council denied the zoning request during a meeting held in April 2019
				Melnick in court records says council failed to advertise the April 2019 meeting and failed to invite officials from the church prior to their vote.
				Melnick filed a lawsuit in Luzerne County Court last year seeking to overturn council&rsquo;s decision.
				Township Solicitor John Rodgers last month filed a motion seeking to dismiss the lawsuit, claiming Luzerne County Court does not have jurisdiction to decide an appeal.
				Rodgers claims the court has no power to interfere with the legislative process by council.
				Melnick responded by arguing council&rsquo;s vote in April 2019 violated the church&rsquo;s right to a fair hearing by failing to invite them to the meeting when council voted.
				&ldquo;This is circumstantial evidence of racial discrimination in that the all-white Wilkes-Barre Township Council denied the zoning change to the Black Baptist Church Mount Zion,&rdquo; Melnick wrote in his response.
				Melnick noted council voted to deny the zoning change in April 2019 over the objection of their own solicitor, the late attorney Bruce Phillips.
				Phillips then rescheduled the hearing before council, which &ldquo;rubber stamped&rdquo; their earlier decision on May 28, 2019, Melnick wrote.
				Melnick believes the court has jurisdiction to determine the lawsuit.
				Rodgers could not be reached for comment on Thursday regarding Melnick&rsquo;s response.

Attorney claims evidence of racial discrimination by WB Twp. Council