Del. Riverkeeper Network v. Middlesex Twp. Zoning Hearing Bd.

Supreme Court of Pennsylvania

Del. Riverkeeper Network v. Middlesex Twp. Zoning Hearing Bd.

190 A.3d 1126

CourtSupreme Court of Pennsylvania

DecidedAugust 3, 2018

Docket270 WAL 2017

StatusPublished

Cited by2 cases

This text of 190 A.3d 1126 (Del. Riverkeeper Network v. Middlesex Twp. Zoning Hearing Bd.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Riverkeeper Network v. Middlesex Twp. Zoning Hearing Bd., 190 A.3d 1126 (Pa. 2018).

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Opinion

PER CURIAM .

AND NOW, this 3 ^rd 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.

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PER CURIAM .

AND NOW, this 3 ^rd 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.

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Bluebook (online)

190 A.3d 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/del-riverkeeper-network-v-middlesex-twp-zoning-hearing-bd-pa-2018.

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