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Politics & Government

Peters Council Asks Court to Rule on Legality of Shale Referendum

At Monday's meeting, council votes unanimously, 7-0; Petitioners' efforts to sway council vote fails.

Much to the chagrin of an assembled crowd of residents, Peters Township Council voted 7-0 Monday night to ask Washington County Court of Common Pleas to rule on the legality of a to the township Home Rule Charter proposed by the Marcellus Shale Awareness & Action organization.

The unanimous vote by council followed nearly an hour of impassioned comments from nearly two dozen citizens to allow voters to decide the issue. 

Council’s vote authorizes township Solicitor William A. Johnson to file the petition challenging the constitutionality of the referendum, and asks the court for an injunction against the question being placed on the ballots if it is found to be illegal. Johnson said the petition could be filed as early as Tuesday morning.

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The Marcellus Shale Awareness group filed for the ballot question with a petition containing more than 2,200 names on Aug. 8. The township council’s action will be the first challenge to the ballot question.

“I feel the petition is illegal in many respects,” Johnson told council members. “This would be an amendment to the Home Rule Charter itself and would be in violation of the Pennsylvania Oil and Gas Act. It would put us in a vulnerable and indefensible position.”

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Johnson also noted that if approved by voters, it would also deprive property rights of those who have signed gas leases, and would subject the township to significant monies. 

“For all these reasons—violation of the Oil and Gas Act, violation of our planning code, violation of the Home Rule Charter Act, violation of the Pennsylvania and federal constitutions, and violation of prevailing decision of the Courts in the Commonwealth, the Home Rule Charter amendment is absolutely illegal,” he said.

Johnson’s recommendation was challenged by numerous speakers from the audience, who carried signs which read, “No Injunction—Let the People Vote.”

Jet Miskis, a member of the Marcellus Shale Awareness group contended that their petition was entirely legal, and has not been challenged until now.

“I understand that candidates can withdraw their names from ballots, but I also understand that referendums cannot be withdrawn,” she said. “What we did was perfectly legal. Between now and election day, we have not done anything illegal. After election day, and people vote for it, then you can file for an injunction.”

Miskis said that if the township files for an injunction now, “we might have legal recourse against you (council)."

“I have never been against drilling, and I’m still not against drilling. I’m just against the way it came here," she said. “All you had to do is redistrict the township. If those people who signed leases to male $700,000 for a drill site on their property, they should have to pay. And the way to make them pay is to rezone them into industrial.”

Resident Evelyn Harris said council is taking the approach that all legal issues are cut and dried.

“If you allow this (home rule question) to be voted on, then the issue can be appealed and be decided over time, with more of a say on both sides,” she said. “Approximately 20 to 25 percent of voters in Peters Township signed this petition. That is more voters than you usually get in a mid-term election. You should pay attention to your voters.”

Her comments were followed by a round of applause.

Another resident, Ann Shaner, said the ballot question would give Peters Township residents the right to vote. “If you want to commit political suicide, then go ahead and deny residents the right to vote,” she said. “It’s the fair and honest thing to do.”

Lou Coppola, another resident implored council members to let Peters voters decide.

“It’s the will of the people to have this vote,” he said. “People signed the petition because they want to have a say. The people have spoken. It’s not just the people that don’t want drilling, it’s also the people who want it. We urge you to not enjoin against it. Let it run its course.”

Resident Dennis Ciccerelli said the issue comes down to the rights of citizens.

“They talk about the loss they will have by drilling loss," he said. "What about the loss we will have from the safe and quiet enjoyment of our property and the loss of potential property value? We’re fighting for our rights here, too.”

“If I could find a way to ban drilling in Peters Township I would be all for it,” council President Robert Atkison said. “I just can’t allow the township to be put in an untenable position.”

Following the council vote, citizens walked out of the meeting and it is unknown how long the Court of Common Pleas will take to consider the council’s request.

The deadline for referendum questions to be placed on the ballot is Sept. 30.

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