September 5, 2006 we received an Order from the PA
Commonwealth Court dismissing Penn-Mar's Appeal. Our Attorney,
Fred Antoun said the result of the dismissal is that Judge
Walsh's (Franklin County Court of Common Pleas) Decision in
favor of Citizens for a Quality Environment remains in effect.
Obviously, those of you who planned to attend the September 11,
2006 Argument Court in Harrisburg can remove that from your
calendar as the dismissal cancels the Argument.
For more information, please contact Fred Antoun at 202-256-0730
or 717-261-0998
www.antounlaw.com
(Click to read the Order of the Commonwealth
Court of PA)
Penn-Mar Ethanol LLC legal proceedings
relating to Franklin County, PA: Update -
September 1, 2006:
► Greene Township Board of
Supervisors v. Penn-Mar Ethanol LLC was filed
in the Court of Common Pleas of Franklin County, PA on June 7,
2006 (Jury Trial Demanded). The Complaint against Penn-Mar
for refusing to pay fees due for review of their Land
Development Plans is now working its way through the legal
process. Greene Township denied Penn-Mar's request for
Land Development Plan approval on December 13, 2005.
June 7, 2006: Complaint No. 2006-1791 filed by Greene Township Board of
Supervisors
against Penn-Mar Ethanol LLC
July 7, 2006: Penn-Mar's Attorney filed Preliminary Objections to
Greene's Complaint
July 21, 2006: Greene's Attorney filed Answers to Penn-Mar's Objections
July 21, 2006: Greene's Attorney filed to have the case listed for
Argument
August 29, 2006: Greene's Attorney filed Amended Answers to Penn-Mar's
Objections
Is
Penn-Mar Ethanol LLC still attempting to buy the land at the
Cumberland Valley Business Park (CVBP) from the Letterkenny
Industrial Development Authority (LIDA) to build an ethanol
distillery?
According to a Response filed by Penn-Mar in the Commonwealth
Court, August 25, 2006, that Penn-Mar "...is communicating with
LIDA in an effort to have the Agreement of Sale reinstated for
the proposed site...."
July 20, 2006 Legal Update: Penn-Mar
Ethanol's failure to buy the proposed site from LIDA does NOT
stop the Appeal Penn-Mar filed in Commonwealth Court.*
*The Franklin County Court
agreed with Citizens for a Quality Environment's (C4aQE)
position that Greene Township had to hold Conditional Use
hearings on the ethanol distillery plan. Penn-Mar appealed that
decision because it does not want hearings.
Only Penn-Mar can withdraw the Appeal, and they have not done
so. Oral argument by Attorneys for both sides is scheduled for
September 11, 2006 in Harrisburg. The Commonwealth Court will
issue a written decision some time after oral argument. C4aQE
and its Attorneys expect a favorable decision.
In
addition to our lead Attorney, Fred Antoun (see antounlaw.com)
Citizens for a Quality Environment has retained William J. Cluck (see billcluck.com)
as our Environmental Attorney. Mr. Cluck will be handling
environmental permitting issues relating to Penn-Mar Ethanol's
applications to the Pennsylvania Department of Environmental Protection (PADEP)
for Air Quality and Water Discharge permits.
An unrelated, but interesting Penn-Mar
legal issue:
"...The cooperative faces a claim from Greene Township that it
owes the township more than $40,000 for engineering and other
costs. Greene Supervisor Dave Jamison, also a LIDA board member,
said Monday the township still wants to collect those fees...."
Extension denied for ethanol plant by
Marijon Shearer, The Sentinel, July 18, 2006
(Click to read)
Click to read Complaint No. 2006-1791 filed by Greene Township
Board of Supervisors against Penn-Mar Ethanol LLC in the
Court of Common Pleas of Franklin County, Pennsylvania.
From Judge Richard J. Walsh’s ORDER OF COURT dated November 22,
2005:
“…IT IS DETERMINED AND ORDERED THAT the applicant’s proposed use
is not a permitted use in the Heavy Industrial District.
IT IS FURTHER DETERMINED AND ORDERED THAT the applicant has
failed as a matter of law to carry its burden of establishing
the elements necessary for the granting of a dimensional
variance….”
This
means that Greene Township must hold a public hearing/s because
the Court ruled that Penn-Mar's proposed use is not a Permitted
Use. These hearings are referred to as "Conditional Use
Hearings."
The Court also ruled that Penn-Mar did not establish its right
to height variances, and set aside the Greene Township Hearing
Board’s (ZHB) grant of numerous height variances.
Click here for a PDF of Judge Walsh's OPINION and ORDER.
This is a
very large file for high-speed internet connections only.
Be patient while the file forms. If you would like a hard
copy, please email your request to
director @ C4aQE.org
Click here for the ORDER OF COURT only 2 Pages.
Judge: Hearing required for ethanol plant
by Jim Hook,
Public Opinion, November 29, 2005
(Click here)
About the ethanol plant decision
Public Opinion, November 29, 2005
(Click here)
Judge rules Pa. ethanol plant not allowed use
by Don Aines,
Herald-Mail Online, November 29, 2005
(Click here)
Judge sides with ethanol plant foes by
Leah Farr, The Sentinel Online, November 30,
2005
(Click here to read)
"When
Franklin County Judge Richard Walsh ruled recently in favor of
residents who oppose an ethanol plant, it sent two messages of
importance.
One was that officials of a municipality need to follow their
own rules and not change them as they go along. Secondly,
citizen involvement can make a difference...."
Public Opinion "Opinion" page 13A:
Our view: Judge made right call on ethanol plant.
published Saturday, December 3, 2005
(Click here to read the entire article from the Public Opinion
Editorial Page)
IT IS ORDERED THAT Appellant's Petition
for Stay is GRANTED. The May 31, 2005 written
decision of the Zoning Hearing Board of Greene Township,
Franklin County, Pennsylvania shall remain stayed pending the
Appeal. Further, the Stay shall remain with respect to
Penn-Mar Ethanol's pending land development plan.
To read the ORDER OF COURT, click here.
This is a PDF file.
Click to Download the latest Adobe Acrobat Reader.
From Judge Walsh's OPINION OF COURT:
"... we note that the clear evidence establishes that Penn-Mar
Ethanol has no funding in place to proceed with this estimated
$85 million project, suggesting that this is yet another factor
contributing to the project's lack of momentum at this
juncture."
(Click here to read the entire OPINION)
This is a large PDF Acrobat 7.0 file best viewed with over a
high speed internet connection.
From The Patriot-News,
Harrisburg, PA: "...Judge
Richard J. Walsh said residents could be harmed if the stay were
lifted.
Walsh also said Penn-Mar would not suffer because it has not
secured financing for the project and is waiting for permit
approvals from the state Department of Environmental
Protection...."
Judge continues stay for Franklin County ethanol plant plan
BY Tom Dochat of
The Patriot-News, November 4, 2005
(Click to read entire article)
From The Herald-Mail,
Hagerstown, MD:
"...Walsh wrote that the group produced photographs at a
zoning board hearing supporting their "claims that views in the
vicinity are bucolic and pastoral. There was evidence suggesting
potential danger and risk attendant to the production of ethanol
at a location not far from where federal munitions are
stored."..."
Ethanol plant foes score victory as judge favors stay
by Don Aines, The
Herald-Mail Online, November 4, 2005
(Click here to read the entire article)
From The Sentinel Online: "...Without
the stay, “the township is going to rubber-stamp this plan,”
Antoun told Walsh during the hearing...."
Judge keeps plans for ethanol plant on hold
by Leah Farr, The
Sentinel Online, November 5, 2005
(Click here to read)
Walsh also said Penn-Mar would not suffer because it has not
secured financing for the project and is waiting for permit
approvals from the state Department of Environmental
Protection...."
A Hearing was held Monday, October 24, 2005, in Franklin County Court of
Common Pleas on the Appeal of Citizens for a Quality Environment
of the May 26, 2005 Decision of the Greene Township Zoning
Hearing Board. Our Attorney, Fred Antoun, argued our position
that a Hearing in the Court of Common Pleas is necessary so we
can present all evidence necessary for Judge Walsh to make a
decision on the correctness of the ZHB's decision. Penn-Mar's
position is that no Hearing is needed. We are confident the case
will be resolved in our favor.
"...Among his arguments that the plant should be a conditional
use, Antoun said it is the first ethanol plant proposed in
Pennsylvania and thus was not anticipated when the zoning
ordinance was drafted.
"That's why we have conditional uses, because we don't know what
to do with these things," he said...."
Ethanol plant battle back in Pa. courtroom
by Don Aines, The
Herald-Mail ONLINE, October 25, 2005
(Click to read the article)
At
the September 19th Franklin County Court Hearing to
consider the Stay on Penn-Mar Ethanol's Plan review at Greene
Township numerous witnesses, including Dr. John Gray, Deputy Commander of
Letterkenny Army Depot, testified in support of maintaining the
Stay until the Court can decide the Appeal.
Scott Welsh, Project Manager for Penn-Mar Ethanol LLC, shocked
the Courtroom when he admitted that during the 3 years Penn-Mar
has been attempting to build its ethanol distillery (first in
Conoy Township and now in Greene Township), PENN-MAR
HAS NEVER BEEN ABLE TO OBTAIN THE $85 MILLION FINANCING IT NEEDS
TO BUILD THE FACILITY. They do not even have
contingent financing arrangements (the money would be provided
if all approvals were obtained).
Scott Welsh testified that:
1. Penn-Mar Ethanol has no financial commitments (either firm
or conditional) to provide the $80-85 million they need for the ethanol
distillery Penn-Mar wants to build in Greene Township.
2. Penn-Mar Ethanol never had financing for the project when
it was planned to be built in Conoy Township, Lancaster County.
3. Despite efforts for more than 3 years, Penn-Mar Ethanol
has not found a source for the money it needs to build the ethanol distillery!
To read part of Scott Welsh's testimony, click
here!
Counsels for the Parties have been asked to submit Closing
Statements in writing by this Friday. Due to the
complexity and importance of the issue, it is not known when the
Court will make a decision.
Barb and Hugh Baker testified about their trip to Badger State
and Adkins Energy.
(Click
to see the videos - Large files require high-speed internet
connection)
The Courtroom listened to an audio
file of Dave Jamison, Chairman of the Greene Township
Supervisors, asking Badger State Ethanol's
President how to
"defuse the opposition" (Click
to listen to the .wav file)
Letterkenny:
Plant raises concerns, Deputy commander
has 'long term' issues with ethanol facility by
Jim
Hook, Public Opinion, September
20, 2005
(Click
here to read the article)
Army
leader questions plant safety by
Leah Farr, The
Sentinel, September
20, 2005
(Click
here to read article)
Franklin
County Court issues a Stay Order (Click
to read Stay Order)
Franklin
County Judge, Richard J. Walsh, who has been assigned to hear
the Appeal from the Greene Township Zoning Hearing Board
Decision granting Penn-Mar Ethanol a variance, today issued a
Stay of all proceedings in Greene
Following the Appeal that was filed, we petitioned the Court to
Stay (stop) Greene Township's review process, in order to give
the Court time to hear the case, and to prevent the Appellants
and Township residents from being harmed by the procedural
irregularities and lack of a Hearing at Greene Township.
Penn-Mar Ethanol can, and undoubtedly, will request a Hearing to
challenge the Stay, but we are confident the Stay Order will
remain in place until the Court has had a full Hearing and
rendered a Decision.
This is great victory for us, because it will prevent the
Township from moving forward until we can have the case heard by
a fair and impartial Judge.
Ethanol plant approvals stopped (Click) by Jim Hook, Public Opinion, June 16, 2005
Ethanol developers seek action (Click) by Jim Hook, Public Opinion, July 14, 2005
Greene Township Transcripts and Hearing Info (Click)