Gorsline v. Board of Supervisors

Full Case Name
Brian GORSLINE, Dawn Gorsline, Paul Batkowski and Michele Batkowski v. BOARD OF SUPERVISORS OF FAIRFIELD TOWNSHIP v. Inflection Energy, LLC and Donald Shaheen and Eleanor Shaheen, his wife, Appellants
Description

Company applied to lease land to build a natural gas well. Neighbors expressed concerns over the adverse effects of the project. Board of Supervisors granted the permit, but it was denied by the trial court. Trial court erred in finding the well was disimilar to a public service facility, as well as in finding that the well conflicted with the Zoning Ordinances. Neighbors did not show evidence that the well would harm the neighborhood's health and safety.

Date
09-14-2015
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Fairfield Township, PA
Disputed Act

Company applied to lease land from individuals for the purpose of building and operating a natural gas well. The township Board of Supervisors granted the conditional use permit after holding a hearing at which neighboring property owners expressed concerns over the adverse effects of the project, including traffic, noise, light pollution, potential well employees with criminal records, and property values. The permit was denied by the trial court.

Holding
The trial court erred in finding the proposed natural gas well was disimilar to a public service facility, as well as in finding that the proposed use conflicted with the Zoning Ordinance's express authorization of the extraction of minerals. The neighboring property owners did not show evidence that the proposed well would harm the neighborhood's health and safety.
Disposition