2025/06/25

Despite arguments that their project fell under a more specific oil and gas ordinance....



The Pennsylvania Commonwealth Court ruled against Olympus Energy LLC and Hyperion Midstream LLC's proposals to build a gas well pad and interconnect facility on residential lots in Elizabeth Township.

The court found that the township's zoning ordinance, which permits only one "principal structure" per lot in residential zones, prohibited the addition of these facilities to lots already containing single-family homes.  Despite arguments from Olympus and Hyperion that their project fell under a more specific oil and gas ordinance, the court determined that this ordinance did not supersede the general zoning rule regarding principal structures.

This decision highlights the importance of carefully analyzing and understanding the language and interplay of different provisions within municipal ordinances, especially when addressing complex land use issues like energy infrastructure development.  The case suggests a trend towards legal challenges focusing on specific ordinance details rather than broad health and safety concerns.

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