Zoning Application • Hearing Venue • Alleged Due Process Violation

Atlantic Wind, LLC v. Penn Forest Twp. Zoning Hearing Bd., et al, PICS Case No. 17-0912 (C.P. Carbon May 12, 2017) Serfass, J. (9 pages).

Plaintiff failed to establish that its right to due process was violated by an alleged unsafe environment at a fire hall where the local zoning board held a hearing on a zoning application to construct a wind turbine absent evidence that board members were unable to impartially decide the matter because they felt unsafe. The court recommended that plaintiff’s appeal be dismissed.

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