Supreme Court orders new appeal
MIDDLESEX TWP - More than a year after the Commonwealth Court denied a third appeal of a township zoning ordinance allowing shale development in residential-agricultural districts, the state Supreme Court last week ordered a new appeal proceed.
The move comes four years after the township's zoning hearing board began discussing the matter. It was later approved by township supervisors, and was followed by an appeal.
The appeal, filed by the Clean Air Council, Delaware Riverkeeper Network and three township residents who live near the Geyer gas wells on Denny Road, argued that shale gas development is an industrial use that does not belong in the township's residential-agricultural zone.
After several hearings, the zoning board upheld the amendment. The objectors then appealed to Butler County Court, where they were also denied.
In 2016, both sides testified following an appeal to Commonwealth Court in Pittsburgh, and those judges denied that appeal in June 2017. At the time, attorneys said an appeal to the state Supreme Court was likely. Had that appeal been denied, the matter would have ended.
However, in its Aug. 3 ruling, the Supreme Court granted a petition to allow a new appeal, which also vacated the Commonwealth Court's order. The Commonwealth Court is asked to consider other recent rulings which outline similar cases and set new rules for the issuance of permits.
Read the full story in the Butler Eagle.
