Tioga Pres. Group v. Tioga County Planning Comm'n, Pennsylvania Supreme Court, 603 Pa. 687, 982 A.2d 1229 (2009)

Jeffrey Alan Franklin

Case Conclusion Date:October 28, 2009

Practice Area:Energy / Utilities

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

Description:Pennsylvania Supreme Court upheld Pennsylvania Commonwealth Court and court below. 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).