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East Rockhill supervisors approve appeal after court places asphalt-plant jurisdiction with trial court
Summary
The Board of Supervisors voted July 15 to authorize appeal of a June 18 order that assigned jurisdiction over a proposed asphalt plant to the Court of Common Pleas; residents urged the board to pursue zoning review and raised concerns about permitting and judicial fairness.
The East Rockhill Township Board of Supervisors voted July 15 to authorize township counsel Grim, Biehn and Thatcher to file an appeal of Judge Mellon’s June 18, 2019, order that placed jurisdiction over a proposed asphalt-plant use with the Bucks County Court of Common Pleas.
Sean Gresh, the township environmental consultant, told the board that the Court of Common Pleas scheduled a hearing on the asphalt-plant jurisdiction for Sept. 23, 2019, and summarized the township’s position that the plant use should be decided by the Zoning Hearing Board rather than the trial court. On a motion by Vice‑Chair David Nyman, seconded by member Jim Nietupski, the board approved the appeal; all officials present voted in favor.
Residents at the meeting pressed for clarity about the practical implications of the order. Josh Scheider asked whether the quarry could reopen or whether the operator could begin preparing for an asphalt plant. Township staff responded that a separate federal order had determined extraction is regulated by the Pennsylvania Department of Environmental Protection (DEP) and that, under the current orders, nothing legally prevents an operator from preparing for an asphalt plant pending permitting.
Resident Mark Ezzo raised strong concerns about the fairness of the process, saying he believes "Township residents are not represented and Judges are in applicant pocket." The board advised residents that the court order identifies interveners as represented by East Rockhill Township and recommended that residents seeking to protect their own legal interests consult private counsel.
The board’s appeal seeks to move the determination of the asphalt-plant use back to the Zoning Hearing Board; the township will pursue that appeal through Commonwealth Court. The next scheduled court hearing on jurisdiction is Sept. 23, 2019, according to township counsel’s summary. The meeting adjourned at 4:31 p.m.
