Tioga Pres. Group v. Tioga County Planning Comm'n, 970 A.2d 1200; 2009 Pa. Commw. LEXIS 77

Jeffrey Alan Franklin

Case Conclusion Date:March 3, 2009

Practice Area:Energy / Utilities

Outcome:In favor of our client, AES Armenia Mountain Wind LLC

Description:Commission did not err in considering application to construct a wind farm because applicant had necessary proprietary interest in the subject property. Further, waiver from the local ordinance's screening requirements for the wind turbines was proper because local ordinance permitted waivers, which was allowed by 53 Pa. Stat. Ann. § 10503(8).