Concerned residents took to Butler County Courthouse on Wednesday wearing shirts that said “Save Slippery Rock Creek” as they sought to appeal a zoning change made by Slippery Rock Township officials. The change allowed Heilman Pavement Specialties a special exception for a proposed cold-mix asphalt plant.

The zoning of the proposed plant property at 490 Stoughton Road was changed from rural conservation to light industry at a hearing Nov. 22, 2021, and a special exception for what is considered heavy industry on light industrial land was granted March 7 this year.

The exception would permit a HEI-Way cold-mix asphalt plant to be operated on the property. HEI-Way, which is associated with Heilman, already operates a plant in Sarver.

The residents’ attorney, Christopher Papa, went before Common Pleas Judge S. Michael Yeager to make the case that the decision made by the township’s zoning hearing board was a case of spot zoning.

“This decision was not supported by substantial evidence. We think this is a case of unconstitutional spot zoning, or creating islands of industry when the area surrounding is historically considered rural conservation,” he told the court.

Papa further argued that the decision was made by township officials with no consideration of the community’s welfare given the potential harm of fumes and noise the HEI-Way plant could produce.

Robin Lesko, senior organizer with Food and Water Watch, said the best outcome for the residents was the judge releasing a decision striking down the zoning change.

“HEI-Way would then have to restart the application process over,” she said.

Alan Shaddinger, an attorney defending the township’s position, argued that the zoning change was not an example of spot zoning.

“On behalf of the zoning hearing board, the evidence presented at (zoning) hearing does not support a conclusion that it should be singled out as unlawful spot zoning,” he said. “It seemed from (the board’s) perspective it was a suitable fit to rezone the land, as it would be consistent with the uses of the parcels surrounding it.”

He also mentioned the close proximity of Allegheny Mineral Corporation and R.W. Sidley, a ready-mix concrete supplier, and how the township planning commission thought the parcel of land in question was “bleed over” from the Sidley plant and used as industrial property.

Anthony Cosgrove, another attorney defending the township, said there was no evidence presented by residents in previous hearings that was substantial.

“The appellants failed to provide any evidence of harm other than speculation,” he said. “It is on the appellant to prove that the wrong decision was made.”

In his closing arguments, Papa said the parcel is the only one zoned on Slippery Rock Creek as light industrial land and that any changes should consider the residents’ opinion.

“You have to have the community perspective when you change the map, and there’s no evidence they had any community perspective. They put the blinders on, and that’s essentially spot zoning,” he said.

Lesko said they are awaiting the judge’s ruling, and should the appeal be denied, they will be back in court in 2023. Yeager did not indicate when he would rule on the case.

“Feb. 2, there’s an appeal of the decision to give HEI-Way a special exception for HEI-Way’s actual application for the plant,” Lesko said. “If they overturn the zoning hearing board’s decision, the February hearing will be canceled.”