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Drilling ordinance challenge tabled indefinitely

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A challenge to the validity of South Fayette Township’s oil and gas drilling ordinance has been tabled indefinitely, said Thomas Ayoob, solicitor for the township’s zoning hearing board.

The board was set to hear testimony from both the township and attorneys for Cuddy Partners and Range Resources at a meeting Monday. Nearly 70 people turned out for the meeting, many expecting a chance to speak regarding the matter. If a subsequent hearing is held, residents will have that opportunity.

Cuddy Partners and Range Resources filed a substantive validity challenge to the South Fayette Township zoning ordinance as it deals with oil and gas exploration. About 400 acres of former airport property along Cecil-Sturgeon Road is owned by Cuddy Partners and John Alan Kosky.

Ayoob said at Monday’s meeting he was approached by Clifford Levine, attorney for Range Resources and Cuddy Partners. Ayoob said Levine requested a postponement of the challenge in general. The postponement was agreed to by Jonathan Kamin, solicitor for South Fayette.

“It is an open-ended continuance,” Ayoob said. In order for the matter to be taken off the table, a petition must be filed by either party and a hearing would have to take place within 60 days of that petition. The cost to readvertise any hearings would be incurred by Range Resources, Ayoob said.

“Range has decided to postpone their application,” said Mike Iagnemma, chairman of the zoning hearing board.

After the meeting, Levine stated that he thought because of the recent decision of the Supreme Court overturning the zoning provisions in Act 13 that it may be beneficial to get more clarity rather than continue to debate the issue.

“Our case is very strong,” Levine said, adding that waiting would be “mutually beneficial” for both parties.

“We think our ordinance is 100 percent valid and we will defend it,” Kamin said. He said he “stood very ready” to defend the ordinance at Monday’s meeting.

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