On November 19, 2015,
the Court of Common Pleas of Butler County dismissed an appeal challenging a
land use decision from the Middlesex Township Zoning Hearing Board.
In August 2014, the
Middlesex Township Board of Supervisors adopted an ordinance
allowing natural gas drilling in residential-agricultural areas. The Middlesex
Township granted Rex Energy a permit to drill unconventional wells subsequent
to the ordinance’s enactment. In October 2014, Delaware Riverkeeper Network,
Clean Air Council and some township residents filed an appeal to the Middlesex
Township Zoning Hearing Board challenging the validity of the township ordinance
as well as the township’s decision to issue a drilling permit. The main
controversy surrounding the permit relates to the proximity of unconventional
wells to a nearby school building.
On May 27, 2015, the
Middlesex Township Zoning Hearing Board upheld the validity of the ordinance,
and appellants filed an appeal to the Butler County Court of Common Pleas
alleging that the Zoning Hearing Board’s decision was not supported by
substantial evidence. Appellants also argued that the ordinance violated the
Pennsylvania Constitution.
The Court of Common
Pleas concluded that the Zoning Hearing Board did not abuse its discretion and
affirmed the ordinance in its entirety.
The case is docketed at
no. 15-10429; click here
for a copy of the memorandum opinion.
Written by Chloe Marie - Research Fellow
12/03/2015
