Contentious campground project at Bellefonte Airport subject of 2 new legal challenges
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- Airport owners and homeowners filed lawsuits challenging Benner Township permits.
- Elnitskis dispute 45 permit conditions as arbitrary, indefinite or impossible.
- Homeowners cite traffic, tailgating and school proximity in appeal to court.
It’s becoming increasingly unclear if plans for a campground at the Bellefonte Airport will be cleared for takeoff.
In separate legal challenges, both airport owner Marina Elnitski and five nearby property owners sued Benner Township’s governing body Tuesday over its decision to approve a permit for the campground with a lengthy list of conditions.
The Elnitskis argued the 45 conditions they must comply with to move forward with development of a 100-lot campground are arbitrary, unreasonable and unlawful. They specifically cited 17 conditions they described as indefinite or “impossible to achieve.”
The Benner Township homeowners, meanwhile, argued their supervisors made a legal error when they conditionally approved a permit for the campground last month. Kathy Evey, a Benner Township supervisor who recused herself from the vote, was among those who filed the appeal.
A message was left Tuesday with Supervisors Randy Moyer and Larry Lingle. Solicitor Rod Beard was unavailable.
How it got to this point
Airport manager John Elnitski had sought the township’s approval for the project since 2021.
He’s pitched the 43-acre campground as an economic boon for the Bellefonte area, especially during home Penn State football weekends. It would include 60 spaces for recreational vehicles and 40 “tiny homes” at 225 Snowbird Lane.
His first two applications were denied by the township and an appeal ultimately made its way through the entire state court system. That effort came to an end once the state Supreme Court declined to hear the case.
But the Elnitskis submitted an updated proposal this summer that they said satisfied all of the township’s ordinances. At the recommendation of the township’s solicitor, Moyer and Lingle conditionally approved the application last month.
Moyer said at the time that he and Lingle “really don’t have a choice but to approve this.” They approved it with 45 conditions the Elnitskis are now challenging.
But those conditions didn’t go far enough to appease the rural homeowners who are concerned the campground will inevitably be “frequented by tailgaters of Penn State football games and other events.”
They expressed concern about increased traffic on the small road that leads to the airport, inexperienced pilots flying in the area and its proximity to the soon-to-be-closed Benner Elementary School.
No Centre County judge was assigned to the cases as of Wednesday afternoon.
A ‘broken’ local government without signs of improvement
It’s at least the second time Evey has sued the township’s supervisors.
She alleged in a September 2024 lawsuit that her fellow board members violated Pennsylvania’s open meetings law. The simmering feud was on full display during a special meeting one month later, when Moyer openly questioned how effectively the township could carry out its business.
“It’s broken the board,” Moyer told the Centre Daily Times after the meeting that was rife decision-makers trading biting remarks and attorneys leveling criticism against one another.
Some dissatisfied residents urged Evey to drop her claims, but she has pressed forward. The case is ongoing.
