January 7, 2010 – New Hanover Zoning Hearing Board GR2 Decision

On January 7 the Zoning Hearing Board announced their decision regarding Gibraltar Rock’s application for an expansion beyond their original application to quarry on 163 acres.  Gibraltar had purchased an additional 77 acres, the zoning hearings began in March of 2003 and concluded this past Fall, 2009. 

The zoning board issued the same ruling as they did on the GR1 Application - they won't allow Gibraltar Rock to quarry on the LI-Light Industrial zones.  The Board also denied Gibraltar's claim to "site specific relief" which would allow them to quarry anywhere they own property.  The Board only granted one request - they will allow a "special exception" to quarry on the HI-heavy industrial, but this is required by law.  

Gibraltar Rock filed an appeal in the GR1 Zoning Board decision of 2007 and will probably file an appeal in this decision also.  The Montgomery County Court of Common Pleas will likely combine the two appeals.  We will note on this website when there is a hearing date for the appeals.

Update on Injunction: New Hanover Township vs. Gibraltar Rock, Inc.

As far as the pending Injunction against Gibraltar Rock, on Dec. 7 Attorney Robert Brant submitted his brief to the Court of Common Pleas and today, January 8, Attorney Stephen Harris was to do the same.  On Jan. 22 both attorneys will appear before Judge Kent Albright for "oral arguments", and the Judge’s decision will follow.  We will keep you posted.

On behalf of the Paradise Watchdogs/Ban the Quarry and the residents of New Hanover Township, thanks for all your support during 2009!