Zoning • Conditional Use Application • Unconventional Gas Wells • Burden of Proof
EQT Prod. Co. v. Borough of Jefferson Hills, PICS Case No. 17-0867 (Pa. Commw. May 18, 2017) Leadbetter, S.J. (27 pages).
Trial court properly reversed the council’s denial of applicants’ conditional use application because applicants met the specific requirements of the ordinance and objectors’ testimony was the kind of speculative evidence insufficient to constitute proof of detriments to health, safety and welfare exceeding those ordinarily to be expected from the proposed use. Affirmed and remanded.
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