Hernley Family Trust v. Fayette County Zoning Hearing Board

NARICK, Senior Judge.

The issue before this Court is whether a publicly-owned natural gas producer is entitled to construct a “public service facility” as a “utility” by special exception on land zoned agricultural/rural.

The Hernley family trust, Donald E. and Paula M. Johnson, Paul and Nancy Conrad and Elizabeth Shirer (Appellants) appeal from the order of the Court of Common Pleas of Fayette County that affirmed the grant by the Fayette County Zoning Hearing Board (ZHB) of a special exception to Lomak Operating Company (Lomak) to construct a natural gas compressor on property adjacent to…