EQT Production v. Boro of Jefferson Hills, Aplt.

Full Case Name
EQT PRODUCTION COMPANY and ET Blue Grass Clearing, LLC, Appellees v. BOROUGH OF JEFFERSON HILLS, Appellant
Description

The Court found the testimonial evidence of the residents from the other municipality about the effects of the company's construction site in their municipality to be "relevant and probative" to the municipality in this case denying the same company a conditional use permit for a construction site. Part of the residents' concerns from the other municipality was about bright lights and light pollution coming from the company's construction site.

Date
05-31-2019
Court
Supreme Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Incident Location
Allegheny Township, PA
Disputed Act

Plaintiff company applied for a conditional use permit to construct a natural gas production complex within the Borough of Jefferson Hills (the Borough). In deciding against the permit, the Borough considered as evidence the testimony of residents of another municipality regarding the impacts to their health, quality of life, and property which they attributed to a similar facility constructed and operated by the same company in their municipality. Part of the residents' concerns from the other municipality was about bright lights and light pollution coming from the company's construction site.

Holding
The Court vacated the lower court's finding that the testimonial evidence of the residents from the other municipality about the effects of the company's construction site in their municipality was "speculative" and instead found that evidence to be "relevant and probative" to the municipality in this case denying the same company a conditional use permit for a construction site. The Court remanded the case to the lower court with instructions to reconsider its decision in light of the Court's opinion.
Disposition