Judge denies residents’ request for stay in drilling activities
A Washington County judge on Monday denied a motion brought on behalf of several Robinson Township couples attempting to stay drilling activities in Robinson Township.
Christopher and Cathy Lodge, Nolan and Brenda Vance and Richard and Irene Barrie filed the motion Dec. 31 asking the court to “enforce the Municipalities Planning Code’s mandatory statutory stay on all municipal action and land development undertaken pursuant to a zoning ordinance whose substantive validity is under challenge,” according to the lawsuit.
Washington County Common Pleas Judge Gary Gilman denied the request, citing procedural issues.
The couples are currently challenging the township’s amended zoning ordinance, which further opened the municipality to oil and gas development. They claim that “contrary to the statutory stay, (the township) nevertheless approved an application by Range Resources to engage in unconventional drilling in the township in close proximity to (their) residences,” the lawsuit said.
The Robinson Township Board of Supervisors amended the township’s zoning ordinance Aug. 7, with an effective date of Aug. 12. The ordinance was enacted after the Pennsylvania Supreme Court’s decision in Robinson Township vs. Commonwealth, which declared certain provisions of Act 13 of 2012 unconstitutional.
The couples filed a validity challenge on Sept. 3 and state that their challenge invoked “the mandatory stay provisions set forth in the Municipalities Planning Code,” the lawsuit said.
“The plaintiffs reasonably believed that the township would abide by this provision, which would prevent any future approvals or land developments during the pendency of the challenge,” the lawsuit said.
On Sept. 15, the township’s zoning administrator approved an application by Range Resources to drill at Moore Park, according to the lawsuit. On Oct. 30, the Zoning Hearing Board held a public hearing on the validity challenge, where the township and Range Resources asked for a dismissal of the challenge because the plaintiffs didn’t challenge any specific proposed land development. Robinson Township Board of Supervisors Chairman Rodger Kendall said the hearing will continue tonight at 6 at the Midway fire hall.
During the Oct. 30 hearing, the plaintiffs claimed the township and Range Resources declined to acknowledge the application and approval to drill at Moore Park.
In response, the plaintiffs filed a Right to Know request to obtain any applications or approvals, which was extended by the township for 30 days. On Dec.1, the plaintiffs received several documents, including the Moore Park approval, the approval for two additional sites and a zoning amendment petition for the construction of a compressor station by MarkWest Liberty Midstream & Resources LLC.
On Dec. 17, the plaintiffs filed another challenge based on the documents they received from their Right to Know request, and asked the Zoning Hearing Board to make an immediate ruling that the “filing of the challenges invoked the mandatory statutory stay … and that any disregards of the statutory stay provisions by Range, MarkWest and the township would be unlawful,” the lawsuit said.
A letter was sent to the township, Range Resources and MarkWest on Dec. 19 demanding compliance with the stay. The plaintiffs said Range Resources responded that it did not intend to abide by any stay on the basis that “oil and gas well drilling is not land development,” the lawsuit said. The township offered a similar response.
John Cambest, who represents the township, and Dwight Ferguson, who represents the plaintiffs, did not return calls for comment.