In its latest round of court proceedings regarding state Act 13, Cecil Township seeks a familiar man behind the bench.
On behalf of the township, attorney John Smith has filed an application asking that Senior Judge Keith B. Quigley be assigned to proceedings brought against Cecil by MarkWest Liberty Midstream & Resources LLC.
MarkWest, citing mounting financial losses, wants the court to pave the way for construction of a natural gas compressor station under the provisions of Act 13, the new state law pertaining to the natural gas industry.
Cecil Township, which has denied requests to build the station, is part of court action challenging the constitutionality of Act 13. Quigley is the judge who has heard those proceedings in Commonwealth Court.
In April, Quigley granted a preliminary injunction to suspend implementation of the zoning provisions of Act 13. One of the provisions allows natural gas compressor stations as permitted uses in all industrial zoning districts in the state.
MarkWest’s property in Cecil, off Route 980, is zoned industrial.
In the township’s request to have Quigley hear the latest proceedings brought by MarkWest, Smith wrote:
“This proceeding should be assigned to Senior Judge Quigley because the relief that MarkWest demands requires interpretation of Judge Quigley’s April 11, 2012, order granting a preliminary injunction. …
“Not only is Judge Quigley familiar with the provisions of Chapter 33 of Act 13 from his experience presiding over Act 13 litigation, but Judge Quigley authored the orders that will be of issue in the instant proceeding” sought by MarkWest.
Chapter 33 is the part of the act that addresses the zoning stipulations at issue. An appeal of the Act 13 preliminary injunction is being heard by the state Supreme Court.