“We simply tried to help the borough help itself.” - Keystone's attorney

Amazing selflessness by KSL. As always. #grateful.

FOL doesn't quite see it that way. Not even a little bit.

Excerpts

Keystone’s attorneys argue the landfill isn’t a structure, an argument Dunmore’s zoning board agreed with in October 2015. The anti-expansion grassroots group Friends of Lackawanna and six landfill neighbors then appealed the zoning board’s decision in Lackawanna County Court, arguing the landfill is a structure.

Senior Judge Leonard Zito issued an order in October upholding the zoning board’s decision that sided with Keystone, prompting the landfill opponents to appeal to Commonwealth Court, where the case awaits resolution.

When Keystone originally proposed the zoning change, the Lackawanna County Regional Planning Commission reviewed the proposal and could not make a recommendation. Whether landfills are structures subject to height restrictions in a zoning ordinance “is unsettled law in Pennsylvania,” the commission wrote in an ordinance/amendment evaluation report that cited, among other things, the pending appeal in Commonwealth Court