AND NOW, this 3rd day of August, 2018, the Petition for Allowance of Appeal is GRANTED. The Order of the Commonwealth Court is VACATED and this matter is REMANDED to the Commonwealth Court for reconsideration of its decision in light of Pa. Envtl. Def. Found. v. Commonwealth, 640 Pa. 55, 161 A.3d 911 (2017). In addition, in light of the amendments contained in Middlesex Township Ordinance 127, which expressly include gas well development as a permitted use in the subject R-AG zone, and our decision in Gorsline v. Bd. of Sup. of Fairfield Twp., ___ Pa. ___, 186 A.3d 375 (2018) wherein we noted "this decision should not be misconstrued as an indication that oil and gas development is never permitted in residential/agricultural districts, or that it is fundamentally incompatible with residential or agricultural uses," we direct the Commonwealth Court to reconsider the relevance of Gorsline to its analysis of the issues on appeal in this case.
Del. Riverkeeper Network v. Middlesex Twp. Zoning Hearing Bd., 190 A.3d 1126 (2018)
Aug. 3, 2018
·
Supreme Court of Pennsylvania
·
No. 270 WAL 2017
190 A.3d 1126
DELAWARE RIVERKEEPER NETWORK, Clean Air Council, David Denk, Jennifer Chomicki, and Joann Groman, Petitioners
v.
MIDDLESEX TOWNSHIP ZONING HEARING BOARD, Respondent
v.
R.E. Gas Development, LLC, Middlesex Township, and Robert G. Geyer, Respondent
No. 270 WAL 2017
Supreme Court of Pennsylvania.
August 3, 2018
ORDER