MarkWest wants to build a Marcellus Shale gas compressor station in Cecil Township (Washington County), PA. They filed an application for a “special exception” to allow them to build the plant but were denied by the zoning board. On April 21, MarkWest filed an appeal in Washington County civil court to have the decision overturned. MarkWest said at the time it hopes to settle the matter “amiably” but was filing to “preserve its rights.” Part of the appeal states:
"After the hearings, in a confused and unsupported decision, the board denied MarkWest’s application, even though most of the board’s findings and certainly MarkWest’s evidence demonstrate that MarkWest met the (Unified Development Ordinance) and there is no substantial evidence in the record submitted by any opposing parties demonstrating that they met their burden of proving that the proposed facility would have a detrimental effect on the public health, safety and welfare."
The appeal also accuses the zoning board of overstepping its authority.
"In denying special exception approval, the board abused its discretion, committed errors in law, violated MarkWest’s constitutional rights, rendered a decision that lacks substantive evidence, and capriciously disregarded evidence."(1)
Range Resources, which holds a lease for the land on which MarkWest wants to build the compressor station, has now joined the legal fight:
Range Resources on Friday [May 20] joined MarkWest in its appeal of the Cecil Township Zoning Board’s denial of a special exception the company needed to build a Marcellus Shale compressor station in the community.
The notice to intervene was filed in the Washington County court.(2)
(1) Canon-McMillan, PA Patch (Apr 22, 2011) – MarkWest Still Hopeful For ‘Amiable’ Resolution
(2) Canon-McMillan, PA Patch (May 23, 2011) – Range Resources Joins MarkWest in Appeal of Cecil Zoning Board’s Compressor Station Denial