NORTH WHITEHALL, Pa.—Today, North Whitehall small business owners Gene and Debbie Weierbach announced they have teamed up with the Institute for Justice (IJ) to file a constitutional challenge to the township’s zoning code. The legal challenge comes after Township Supervisor Dennis Klusaritz weaponized the zoning code to order officials to investigate the Weierbachs’ decades-old business following a dispute between Klusaritz and Gene regarding repairs to one of Klusaritz’s cars.
For 24 years, Gene has run an auto repair shop in his garage on the secluded, 16-acre piece of land he and Debbie live on with their adult son, who has severe autism. No neighbors or customers have ever complained about Gene’s business.
“Working on cars is my passion, and being able to do so from my own home ensures I can be there for my son when he needs me,” said Gene. “For more than 20 years, this set-up has worked perfectly for me, Debbie, our son, our customers and our neighbors.”
In 2021, Supervisor Klusaritz became a customer at Gene’s garage. Over the next two years, he regularly brought Gene three different vehicles to work on, including an old BMW with mechanical and wiring issues. In 2023, the two had a dispute over Gene’s work on the BMW. Supervisor Klusaritz accused Gene of incompetence and overcharging him, and in response, Gene politely asked Klusaritz to take his business elsewhere. Shortly after the dispute, Klusaritz asked the Township to investigate Gene’s business. The Township then issued Gene a citation and cease-and-desist letter, saying his business violated the zoning code.
“A powerful politician’s personal vendetta is not a legitimate reason for the government to shut down a business,” said IJ Senior Attorney Ari Bargil. “It is clear that the only reason Gene received a cease-and-desist order was because of Supervisor Klusaritz’s personal beef with him. That’s not just unfair, it’s unconstitutional.”
After receiving the citation and the cease-and-desist letter, the Weierbachs hired an attorney and applied for a variance. During the meeting before the North Whitehall Township Zoning Hearing Board, 16 people spoke in favor of the business, nobody spoke against the business, and the board granted the variance. However, the township—led by Klusaritz—appealed the decision, and the zoning board reversed itself, denying the variance.
The township argues that the Weierbachs’ business violates a zoning ordinance that bans home auto repair shops, even though the Weierbachs operated for decades without issue, and at least one other home auto repair shop has existed in the township.
IJ and the Weierbachs have now filed a constitutional challenge to the zoning code’s ban on auto repair shops, along with a proposal to change the zoning ordinance to allow the Weierbachs’ business. Additionally, the Weierbachs’ current attorney, William Fries, has appealed the denial of the business’s variance in state court.
“A beloved business that causes no harm to the community should not be shuttered because a government official doesn’t like where it’s located,” said IJ Attorney Daniel Woislaw. “Zoning laws are meant to protect against real nuisances, not to give bureaucrats arbitrary authority to shut good businesses down.”
Through its Zoning Justice Project, IJ defends the rights of property owners to use their land free from arbitrary, abusive zoning restrictions. Last year, IJ won a case challenging South Fulton, Georgia’s use of zoning to block a small business owner from opening because it would provide too much competition for existing businesses. Earlier this year, IJ won a battle to keep a Montana homeless shelter open, after city officials tried to use zoning to shut it down. And last month, a court ruled in favor of IJ client Tiny House Hand Up in its lawsuit challenging Calhoun, Georgia’s ban on building homes smaller than 1,150 square feet.