EDF Renewable Energy v. Foster Township Zoning Hearing Board

OPINION BY

JUDGE WOJCIK

EDF Renewable Energy (EDF) appeals from the November 18, 2015 order of the Court of Common Pleas of Luzerne County (trial court), which affirmed the decision of the Foster Township (Township) Zoning Hearing Board (ZHB) to deny EDF’s application for a special exception to construct wind farms in three different zoning districts in the Township. The ZHB cross-appeals and argues that the appeal should be quashed as premature. We affirm.

In July 2014, EDF applied for a permit to construct approximately 25 wind turbines, approximately 525’ high, as well as roads, collection…