South Fayette and Range Resources to appeal zoning board decision
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A legal challenge of South Fayette's Marcellus Shale regulations is moving to Allegheny County Common Pleas Court.
Although they oppose each other in the legal case, the township commissioners and natural gas driller Range Resources are appealing the South Fayette zoning hearing board's decision on the matter.
Township attorney Jonathan Kamin said Wednesday night he concurs with the zoning board's ruling that it does not have authority over the case, but disagrees with the assertion that two zoning officers with drilling leases do not have a conflict of interest.
"We didn't want to allow an inconsistent finding to go unchallenged," Mr. Kamin said.
He expected to hold a status conference with Common Pleas Judge Joseph James in late February or early March.
Last August, Texas-based energy firm Range Resources mounted a legal challenge against South Fayette's ordinance, saying it was invalid because it effectively banned drilling in the township.
In November, the three-member zoning board denied any "immediate or direct pecuniary interest" in the decision and found that without drilling permits in the township that actually tested the ordinance, there were no grounds for a ruling on the legality of the local law.
First Published January 12, 2012 12:00 am
