Update:  May 17, 2010 - New Hanover Township vs. Gibraltar Rock, Inc.

Petition for Preliminary Injunction

The Paradise Watchdogs are pleased to report that Judge Kent Albright, Montgomery County Court of Common Pleas, has rendered his decision in the civil action taken by New Hanover Township in September 2009.  Gibraltar Rock’s mining permit states that the company must be in compliance with local ordinances before commencing any activity on their property.  Due to Gibraltar Rock’s activation of the mining permit in July 2009, the township first filed a Cease & Desist action against the company, followed by a Petition for Preliminary Injunction with the Court of Common Pleas in September 2009.

This petition was heard in Norristown, PA, on November 6, 2009.  The respective attorneys presented oral arguments to the Judge on January 22, 2010, in Norristown, PA.  Ban-the-Quarry’s attorney, Tom Keenan, submitted a brief to the court in support of the township’s petition.

On Monday, May 17, 2010, Judge Kent Albright issued his decision.  The township’s injunction was granted; the Judge’s order stated that Gibraltar Rock is forbidden to engage in any quarrying or mining, and that the company must submit a Land Development Application and Plan for township approval. 

Judge Albright also upheld the language of the non-coal surface mining permit which states that Gibraltar Rock must comply with local ordinances in accordance with the Municipalities Planning Code (state law) and all zoning ordinances in existence before January 1, 1972.  With this court decision, New Hanover Township’s authority has been upheld by the Court of Common Pleas.

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