Gene Weierbach hasn’t given up his fight to keep his livelihood, and now has the help of a national nonprofit law firm as he takes on his local government.

The lifelong North Whitehall resident, told by the township to shutter his home-based auto repair business because it violates zoning, has appealed the order in court. He also filed a constitutional challenge seeking to amend the relevant zoning ordinance.

Weierbach, 62, took the latter action after teaming with the Institute for Justice, a nonprofit law firm that advocates for property rights, school choice, free speech and economic freedom.

Among the group’s initiatives is the Zoning Justice Project, which fights “arbitrary and abusive zoning laws,” said Ari Bargil, a senior attorney with the institute who traveled from Miami for a news conference Tuesday at Weierbach’s home.

Weierbach grew up on his 16-acre property, which his parents farmed. His interest in mechanics began as a youngster when he learned how to repair farm equipment. He built his house on the property in 2000 and began doing routine maintenance, inspections and small-scale repairs — no body work, painting or other major jobs — on about 300 vehicles a year.

Weierbach said his troubles began not long after he clashed with a customer, Dennis Klusaritz, a township supervisor who contested how much the mechanic had charged for certain work. Weierbach suggested Klusaritz might be happier taking his vehicles elsewhere.

Not long after, in June 2023, Weierbach received a cease-and-desist order from the township, saying his business — which he said never generated a complaint in 24 years of operation — wasn’t allowed in the zoning district and had to close.

That would leave Weierbach and his wife, Deborah, without a major source of income. Additionally, having a home job allows Weierbach to look after the couple’s severely autistic adult son. Deborah works outside the home.

Because his problems began after the run-in with Klusaritz, Weierbach believes the supervisor targeted him out of malice. He said the Institute for Justice, based in Virginia, contacted him after reading an account of the dispute in The Morning Call.

“The purpose of zoning is to prevent nuisances and shouldn’t be wielded as a weapon to go after your enemies,” said Bargil, calling Weierbach’s “a beloved, family-owned business that’s operated without incident for decades.”

In a phone interview Tuesday, Klusaritz denied targeting Weierbach, saying he learned of the irregular zoning situation after another township resident, in casual conversation, asked how long the garage had been in business.

Klusaritz said he passed the inquiry to the township manager, who discovered there was no record of Weierbach going into business.

“That raised a red flag,” Klusaritz said.

The zoning hearing board initially approved Weierbach’s request for a variance after attaching certain conditions: He could never expand the operation, put up a sign advertising his services or employ anyone who didn’t live in his house. Thirteen neighbors and customers testified on his behalf.

When supervisors learned of the decision, they appealed it to Lehigh County Court, arguing that Weierbach’s case failed to meet the requirements for granting a variance — mainly, that the zoning doesn’t impose any undue hardship on the landowner.

“The hardship, if any, was self-inflicted and the result of illegal conduct, i.e., operation of the auto repair use without proper approvals,” the township argued in its appeal filing.

Several of Weierbach’s friends and neighbors attended Tuesday’s news conference, held outside the two-car garage where he does repairs.

One, Maureen Gyory, a neighbor of 37 years, held a handmade sign reading “Justice for Property Owners.”

“The right to live your life is imparted through property rights,” she said. The township, she added, is engaging in “lawfare” against Weierbach.

“It’s a breach of authority,” she said.

“They turned something minute into a big mess,” added JoAnn Yurconic, a friend. “It’s an injustice.”

Klusaritz, who is the target of a 500-plus signature online petition demanding he resign over the dispute, grew angry as he rejected the idea that he’d targeted Weierbach.

“He’s crying the blues because he thinks I ratted him out,” Klusaritz said.

Even so, he added, “are willing to sit down with him? Absolutely. We’ll sit down with anybody.”

The constitutional challenge and petition for zoning amendment were presented to the township Thursday, the same day Weierbach’s personal attorney, Bill Fries, appealed the township’s denial of a variance for the property.

Institute attorney Daniel Woislaw of Austin, Texas, who also attended the news conference, said the challenge and petition must undergo a process of consideration by the township government. If they are rejected, the matter would be appealed to court.

Morning Call reporter Daniel Patrick Sheehan can be reached at 610-820-6598 or dsheehan@mcall.com.

https://www.mcall.com/2025/09/02/north-whitehall-garage-weierbach-appeal/