Concerns over camping at the Mahoning Drive-in theater continue to linger.

A resident, who wished to remain anonymous, voiced concerns to the board of supervisors on Wednesday on the matter.

Township solicitor Tom Nanovic told the resident “we are in court.”

After the meeting, Nanovic explained that the enforcement officer sent the campground an enforcement notice saying they were operating a campground, which was not a permitted use in that zoning district.

Nanovic said the drive-in then appealed that to the township’s zoning hearing board, and they had two theories: One, that it was not a campground, as it was part of the drive-in movie experience, and two, even if it were a campground, they would be entitled to a variance.

He said the matter then went before the zoning hearing board, and the township presented its testimony. However, the zoning hearing board said it didn’t believe it was a campground, so they can keep doing what they’re doing.

Nanovic said the township then appealed that to the Carbon Court of Common Pleas, where a judge decided it is a campground, and sent it back to the zoning hearing board so that it could hold the second part of the meeting to determine whether or not it’s entitled to a variance.

He said the drive-in then appealed that decision to Commonwealth Court.

Recent history

In January 2022, Nanovic said that the matter had been appealed, and added they were sent an enforcement notice for setting up a camper.

The zoning hearing board was served with the lawsuit Dec. 17. The board had 30 days to respond in court.

The matter was sent to Carbon County Court after supervisors last month appealed a recent decision by the township’s zoning hearing board over camping by theater guests.

In October, the zoning hearing board rejected the township’s claim that the theater is operating a campground without proper zoning approval.

The theater doesn’t dispute that some of its customers spend the night between shows, but they don’t believe that makes them a campground.

The theater is located in the township’s planned commercial zoning district. The township zoning ordinance only allows campgrounds in a different zoning district. It doesn’t define a campground.

Township zoning officer Carl Faust issued a notice of violation to the theater on June 27, 2021. Mahoning Drive-In Theater LLC, which leases and operates the theater property, appealed it to the zoning hearing board.

The zoning hearing board ruled 2-1 against the township and Faust.

During the board’s hearing, Faust testified that he believes that the theater meets the dictionary definition of a campground. He testified that he saw tents and a trailer set up on the property.

Virgil Cardamone, a partner in the LLC, testified that customers are allowed to stay overnight following a show if they purchase an overnight, multiday movie pass. No other camping is allowed.

He said the theater does not allow RVs, campfires or outside food. At all times, a staff member is on site and portable restrooms are available.

The township argues in its lawsuit that the zoning hearing board should have upheld the zoning officer’s notice of violation. The lawsuit also says that the board refused to admit into evidence a video which supported the zoning officer’s findings.