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Court Upholds Township's Denial of Water Extraction Facility
July 20, 2012
In Lycoming County, a decision by the Armstrong Township Zoning Hearing Board to deny a permit to construct a water extraction facility, a rail spur and expansion of a parking area at 2344 Sylvan Dell Road by Choice Fuelcorp Incorperated and Fracqua Resources was upheld in Lycoming County Court.
According to WGRC reports, in a 12-page opinion and order issued by Judge Richard Gray, he ruled that the township zoning hearing board did not abuse its discretion or commit an error of law when it denied Jason Weisz's appeal that he filed November 28th, 2011, to convert and use the former fuel depot and biodiesel facility as a water withdrawal plant to supply the natural gas industry.
Weisz is the owner of Choice Fuelcorp and Fracqua Resources. The zoning hearing board voted November 1st, 2011, to deny Weisz's project after multiple days of public hearings held in the South Williamsport Area High School auditorium. Zoning officials originally denied the request because the facility is in a floodway district. Weisz vowed to appeal the case to Commonwealth Court.