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Court Says Operating History Relevant in Zoning Permit Case

Shale Gas Knowledge Hub (by Jim McElfish)
June 6, 2019

The Pennsylvania Supreme Court upheld a borough’s denial of a conditional use permit for unconventional oil and gas development in an oil and gas overlay zone, ruling that the borough could rely on testimony from residents of an adjacent township about their adverse experiences with development by the same applicant. On May 31, 2019, in EQT Production Co. v. Borough of Jefferson Hills, the Court by 6-1 decision reversed the Commonwealth Court’s 2017 decision which had required the borough to issue the permit for a 30-acre 16-well site.