Judge schedules arguments in legal case on asphalt plant plans
Nov. 8—JOHNSTOWN, Pa. — Cambria County Senior Judge Timothy P. Creany has scheduled arguments in a legal case over plans to build an asphalt plant in Richland Township.
Several Richland Township homeowners have filed an appeal seeking to overturn an August decision by the Richland Township Zoning Hearing Board allowing the construction of the plant on Mine 37 Road near the intersection with Eisenhower Boulevard.
There will be no further hearings or new facts allowed on the issue, but oral arguments are scheduled to begin at 1 p.m. March 16, Creany said in an order.
The proceedings will entail a review by the court of the propriety and legality of the board's decision, Creany wrote.
After a series of hearings, the board in August granted exceptions to the township's zoning ordinance to allow Quaker Sales Corp. to construct and operate an asphalt plant in a light industrial zone.
The plant's planned location is less than a mile away from homes on Mine 37 Road and less than two miles from the University of Pittsburgh at Johnstown campus, Richland High School and Arbutus Park Retirement Community.
The new asphalt plant would replace Quaker Sales Corp.'s existing plant in West Taylor Township with a modern upgrade.
The appellants are led by attorneys Joseph Green, Wayne Langerholc and Michael Carbonara — all of whom live in the Mine 37 area. Their concerns about the plant's construction include increased traffic, noise and pollution.
In their appeal, plaintiffs said they believe the board's decision "is contrary to law, arbitrary, capricious, abused its discretion, not supported by the evidence of record, unconstitutional and failed to follow proper procedures."
