A dispute over camping at the Mahoning Drive-in theater remains of concern to township residents.

Township solicitor Tom Nanovic gave an update on the matter at Wednesday’s board of supervisors meeting.

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

“The whole issue is our belief that they were operating a campground,” Nanovic said. “The zoning hearing board agreed with them that it was not a campground.”

Board Chairman Robert Slaw assured those in attendance that the board does not wish to cause any hardships for the drive-in.

“The board has no desire of putting the movie theater out of business,” Slaw said. “We need a little bit of protection for the neighbors. I don’t think we want them staying there (all year long).”

Supervisor Deborah McGowan said she isn’t totally comfortable with the situation.

“My main concern is one of our officers was severely injured at one of their events,” McGowan said. “And I won’t stand for that.”

One resident asked what happens to the out-of-town guests, and wondered what’s to keep someone from coming here.

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.

Nanovic said after the meeting the court will issue a schedule for argument, but that hasn’t happened yet.

He said the zoning hearing board will provide the whole record, including the whole transcript to the court, and as the court gets that, they’ll schedule a briefing and argument.

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 what a campground is.

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

The zoners 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.