EQT Production Company and ET Blue Grass Clearing, LLC v. Borough of Jefferson Hills

DISSENTING OPINION BY

JUDGE McCullough

I respectfully dissent from the thoughtful Majority because I do not agree that Objectors’ testimony and documentation “was the kind of speculative evidence insufficient to constitute proof of detriment to health, safety, and welfare exceeding those ordinarily to be. expected from the proposed use.” (Maj. op. at 563.)1

*565Initially, I note that on a conceptual level, where, as here, an applicant seeks a conditional use and proposes to install novel infrastructure within a municipality’s borders, it is relatively difficult for the objectors to demonstrate that…