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Luzerne County Judge Thomas F. Burke Jr. has dismissed an appeal by Mount Zion Baptist Church seeking to overturn a vote by Wilkes-Barre Township council not to rezone land for a planned church and community hall.
				Burke issued his ruling Friday in a one page order saying he has no jurisdiction to review the decision by township council.
				Mount Zion, a small church with limited parking on Hill Street, Wilkes-Barre, was 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.
				The church submitted building plans and requested to rezone the property from an M-3 heavy industrial district to R-3 residential under the township zoning ordinance.
				Despite the township planning commission recommending the zoning change, township council denied the zoning request during a meeting held in April 2019.
				Township council at a second meeting held May 28, 2019, again denied the zoning request.
				Mount Zion, through Attorney Michael Melnick, appealed council&rsquo;s decision in county court.
				Township Solicitor John Rodgers moved to dismiss the appeal claiming the court has no power to interfere with Wilkes-Barre Township council&rsquo;s legislative process and its decision to deny the church&rsquo;s application for rezoning.
				Rodgers argued the decision by council was not entitled to judicial review.
				Burke agreed, dismissing the church&rsquo;s appeal.
				Mount Zion purchased 15 acres from the Wilkes-Barre Area School District where they planned to build their new church and community hall.

Judge nixes appeal for new church in Wilkes-Barre Township