Geryville Materials, Inc. v. Planning Commission of Lower Milford Township
2013 Pa. Commw. LEXIS 291
| Pa. Commw. Ct. | 2013Background
- Geryville Materials, Inc. seeks approval of a preliminary plan to mine an 84.56-acre quarry on its 628-acre Lower Milford Township property, with water infiltration on the opposite side of West Mill Hill Road.
- The Planning Commission held 20 hearings (2009–2011) and ultimately rejected the plan in Oct. 2011.
- Township witnesses argued the plan could harm wetlands and woodlands and that site capacity calculations treated the parcel as three parcels due to roads.
- Planning Commission based its rejection on three grounds: parcel division by roads, impermissible partial plan, and noncompliance with natural-resource protections of the Zoning Ordinance.
- Geryville contended the Mining Act preempts the zoning provisions, that the parcel is a single tract, and that the Commission acted in bad faith or misapplied SALDO rules.
- The trial court affirmed the Planning Commission; on appeal, the Commonwealth Court reversed and remanded for approval of the preliminary plan subject to the Commission’s conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preemption of zoning by Mining Act | Geryville—Mining Act preempts local natural-resource zoning. | Township—Natural-resource provisions apply to all and do not regulate operations. | Preempted; zoning provisions construed as operational. |
| Substantial evidence for water-control claims | Township's water-control concerns are not substantiated. | Township evidence shows potential operational impacts on wetlands/watercourses. | Evidence insufficient to support operational-regulation findings; preemption governs. |
| Parcel count for site capacity | 84.56 acres should be treated as a single parcel despite roads. | Roads create non-contiguous land under §472.d(l)(c). | Parcel not divided by a major barrier; not three parcels; ambiguity resolved in owner's favor. |
| Partial land development plan | Only 84.56 acres are proposed; no impermissible partial plan. | Future phases imply a partial plan. | No impermissible partial plan; current plan focuses on 84.56 acres. |
| Bad-faith action by Planning Commission | No evidence of bad faith; Commission guided by its experts. | Not necessary to address; Court reverses based on other grounds. |
Key Cases Cited
- Arbor Resources, LLC v. Nockamixon Township, 973 A.2d 1036 (Pa.Cmwlth. 2009) (land preservation via zoning; operations-regulation distinctions)
- Range Resources—Appalachia, LLC v. Salem Township, 964 A.2d 869 (Pa. 2009) (operations versus land-use zoning; preemption of site-plan/operational regulations)
- Pennsylvania Coal Co. v. Township of Conemaugh, 149 Pa.Cmwlth. 22, 612 A.2d 1090 (Pa.Cmwlth. 1992) (distinction between regulating location and regulating operations)
- Plymouth Township v. Montgomery County, 531 A.2d 49 (Pa.Cmwlth. 1987) (conceptual framework for distinguishing land-use vs. operational restrictions)
- Arbor Resources (alternate citation), 973 A.2d 1036 (Pa.Cmwlth. 2009) (reiterates “how” vs “where” regulation and preemption)