Kretschmann Farm, LLC v. Township of New Sewickley

Full Case Name
KRETSCHMANN FARM, LLC, and Donald Kretschmann and Rebecca Kretschmann, husband and wife, Appellants v. TOWNSHIP OF NEW SEWICKLEY and Board of Supervisors of New Sewickley Township, Beaver County, Pennsylvania v. Cardinal PA Midstream, LLC and PennEnergy Resources, LLC
Description

Township allowed for the construction of a gas compressor station adjacent to landowners' farm. Landowners appealed on the basis that evidence that the station will negatively affect public health and welfare was not considered and that they were denied the opportunity to present additional evidence. Court found that evidence lacked probative value. Court also found the trial court did not abuse its discretion by not permitting expansion of the record.

Date
01-07-2016
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Beaver County, PA
Disputed Act

Township Board's and trial court's decisions allowed for the construction of a gas compressor station adjacent to landowners' farm. Landowners appealed on the basis that evidence that the station will negatively affect public health and welfare was not considered and that they were denied the opportunity to present additional evidence. The township's conditions for the gas compressor station already required the station to minimize nighttime lighting.

Holding
The Court found that the landowners' evidence lacked probative value; they did not meet their burden of showing that the station would negatively affect public health and welfare in any unexpected way. The Court also found the trial court did not abuse its discretion by not permitting expansion of the record.
Disposition