E. Rockhill Twp. v. Richard E. Pierson Materials Corp.

386 F. Supp. 3d 493
District Court, E.D. Pennsylvania·Decided June 4, 2019·No. Civil Action No. 2:18-cv-02382-GAM; Case No. 18-02730·Published·Cited by 16 cases

Opinion

McHugh, District Judge

This case arises out of a zoning dispute involving a long dormant quarry that sprung back to life in a residential area, sparking protests from neighbors affected by its operation. Although the quarry is located in an area zoned for mineral extraction and primarily regulated by the Pennsylvania Department of Environmental Protection, local officials sought to impose additional conditions on its operations in response to residents' concerns and hesitated to issue an operating permit. Then, fearing that the quarry owner and operator were about to install an asphalt plant on site, the Township sought to enjoin them from doing so in state court. The owner of the quarry along with the operator of the site removed the enforcement action to this court, seeking injunctive relief to permit their operations, which I granted in part. East Rockhill Twp. v. Richard E. Pierson Materials Corp., et al. , 364 F. Supp. 3d 436 (E.D. Pa. 2019).

They have also asserted counterclaims for damages against the Township and local officials. One is a civil rights claim asserting a denial of substantive due process. The second is a state law claim alleging tortious interference with the quarry operator's contract to supply stone for a state highway project. The Township and its officials moved to dismiss these counterclaims. Because I am persuaded that no reasonable jury could find Defendants' actions shocking to the conscience, and because the actions Defendants took affecting the contract were privileged, I will grant the motions to dismiss.

*496I. Factual Background1

In November 2017, Pierson Construction was awarded a contract by the Pennsylvania Turnpike Commission to widen and improve part of the Pennsylvania Turnpike ("the Turnpike Project"). To complete the Turnpike Project, an affiliated entity of Pierson Construction, Pierson Materials, leased the Rockhill Quarry in East Rockhill Township. When Pierson Materials notified the Township of its plans to use the quarry to obtain material and produce asphalt, the underlying dispute ensued. Counterclaim Plaintiffs here include Richard E. Pierson Materials Corp. and Richard E. Pierson Construction Co., Inc. (collectively "Pierson") as well as Hanson Aggregates Pennsylvania, LLC ("Hanson"), which owns the property that contains the Rockhill Quarry. Counterclaim Defendants include the Township, East Rockhill Township Board of Supervisors ("the Board"), Township Manager and Zoning Officer Marianne Morano, and Board members Gary Volovnik, David Nyman, and Jim Nietupski.

The quarry in question has been in existence and operated at some level since 1890. Asphalt production has periodically occurred at the site, but the equipment for such production was removed in the early 1980s when quarrying operations were reduced substantially. In the eyes of its neighbors, the quarry had long been inactive, see Defs.' Counterclaim Ex. G; Defs.' Counterclaim Ex. K, and the demographics of the area around the quarry had changed in that time. See Defs.' Counterclaim Ex. G. But Hanson continuously maintained Department of Environmental Protection (DEP) permits for the quarry, so as to remain in "active operation" for purposes of the controlling state statute, 52 P.S. § 3303.2 It also obtained annual zoning permits from the Township.

In November 2017, Pierson informed the Township of its plans to lease the quarry for the Turnpike Project and its specific plans to produce asphalt. According to the Counterclaim, Pierson sought to "bring in portable quarrying equipment to be located on existing impervious areas of the site," "bring in portable asphalt making equipment to be located on existing impervious areas of the site and placed in the same areas (using existing foundations and footings) as prior asphalt making equipment," and "place temporary trailers on the existing foundations of prior buildings." Defs.' Counterclaim ¶ 55. Pierson provided a tour of the quarry to Zoning Officer Morano in December 2017, and on December 11 and December 21, 2017, Pierson submitted two letters to the Township regarding the proposed operations. See Defs.' Counterclaim Ex. E; Defs.' Counterclaim Ex. F. Pierson then began preparations for asphalt production, ordering equipment and materials, preparing the site, and hiring personnel.

On December 26, 2017, numerous local residents attended a meeting of the Township Board of Supervisors and expressed opposition to the proposed increase in quarrying operations. On December 28, 2017, Morano emailed DEP, copying various other officials. She described the concerns of local residents and asked DEP to delay issuing approvals until after the Township could meet with DEP about the changed circumstances since the quarry was last active. Defs.' Counterclaim Ex. G.

*497Morano did not send that email to Hanson or Pierson.

On December 29, 2017, Morano responded to Pierson's December 11 and 21 letters. In her response, she indicated that there appeared to be "new and/or altered structures, equipment and/or uses proposed for the property" and that a special exception would therefore be necessary before Pierson could proceed with the "proposed use and/or improvements." Defs.' Counterclaim Ex. H. Pierson responded to Morano's December 29, 2017 letter on January 4, 2018. It argued that the proposed use of the quarry was consistent with how it has always been used and noted that the Township previously issued annual zoning permits without referring to any special exception requirement. Defs.' Counterclaim Ex. I.

Prior to that response, on the same day that Morano responded to Pierson's letters-December 29, 2017-Hanson had submitted a letter to the Township along with a 2018 Zoning Permit Application, Existing Land Use Overlay Plans, and Site Plans. That same day, as a supplement to the 2018 Zoning Permit Application, Pierson had submitted a letter that confirmed compliance with the requirements in the Township's zoning ordinance for issuance of an H12 Extractive Operation Permit, a report regarding traffic routes, and the DEP General Plan Approval and General Operating Permit for certain temporary equipment to be used at the quarry.

On January 12, 2018, Morano replied to Hanson and Pierson's application materials in a letter that stated the following findings: Pierson would need to obtain a special exception; Pierson was not compliant with various zoning requirements; Pierson could only obtain relief related to the asphalt plant from the Zoning Hearing Board; and land development approval would be necessary to transport the portable quarrying equipment or to place trailers on the existing foundations. See Defs.' Counterclaim Ex. J. Based on these findings, the Township denied Hanson and Pierson's 2018 Zoning Permit Application. Id. The Township also decreed that the proposed new use and related improvements necessary for asphalt production must cease until all approvals could be obtained. Id.

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E. Rockhill Twp. v. Richard E. Pierson Materials Corp., 386 F. Supp. 3d 493 (E.D. Pa. 2019).

386 F. Supp. 3d 493 (E. Rockhill Twp. v. Richard E. Pierson Materials Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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