Lackawaxen defending zoning decision

By DAVID HULSE

LACKAWAXEN — The Lackawaxen Township Supervisors on June 20 agreed to hire outside counsel to assist in a federal court defense of the township’s zoning decision for the controversial Tennessee Gas Pipeline (TGP) pumping station project in Bohemia.

The township, in May, granted a conditional use zoning permit for the project, including an extensive list of conditions.

Township Solicitor Jay Rose said TGP has filed for a temporary injunction in Federal District Court in Scranton, claiming that the township’s zoning oversight is pre-empted by the earlier Federal Energy Regulatory Commission approval of the project. TGP argued in federal court on June 20 that the township’s position was to delay the project and thus delay needed fuel to the New York metropolitan area in the coming winter.

Rose said the township position is that the federal court does not yet have jurisdiction in the matter, as earlier appeals of the township decision were filed in the Pike County Court of Common Pleas by both TGP and Fawn Lake property owners. Rose said those appeals should be decided first.

Already under fire for the condition of some township roads and claiming there is no money to fix them all, the supervisors last week heard additional criticism when the law firm of Duane, Morris and Heckscher was approved without a budget figure, to deal with the TGP challenge.

“You say there is no money to fix the roads, but you can hire attorneys when you don’t know how much they’re going to cost and you know you’re not going to win,” resident Corky Roberto said.

Rose argued against Roberto’s definition of victory, but confirmed that the court action would not recover township costs. He defended the township’s need to defend its zoning powers. “Good legal assistance costs money,” he added.