COAL GAS RECOVERY v. FRANKLIN TOWNSHIP ZONING HEARING BOARD

No. 1120 C.D. 2007.

944 A.2d 832 (2008)

COAL GAS RECOVERY, L.P., and Emerald Coal Resources, L.P., Appellants v. FRANKLIN TOWNSHIP ZONING HEARING BOARD, GREENE COUNTY, Pennsylvania.

Commonwealth Court of Pennsylvania.

Decided March 20, 2008.


Attorney(s) appearing for the Case

Clifford B. Levine, Pittsburgh, for appellants.

Kirk A. King, Waynesburg, for appellee.

BEFORE: McGINLEY, Judge, SIMPSON, Judge, and LEAVITT, Judge.


OPINION BY Judge LEAVITT.

Coal Gas Recovery and Emerald Coal Resources appeal an order of the Court of Common Pleas of Greene County (trial court) affirming the grant of a special exception by the Franklin Township Zoning Hearing Board (Board), which included a condition that was challenged by appellants. In this case we consider, inter alia, whether the Board had grounds to order the construction of a building around a gas compressor as a condition to the...

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