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<br />April 10, 2009 I Volume 3 I No.7 <br /> <br />Zoning Bulletin <br /> <br />property into non-conformity.'" Con~equently, the court concluded Egeland's <br />hardship was a self-created hardship. ' <br /> <br />See also: Jock v. Zoning Bd. of Adjustment of Tp. of Wall, 184 N.J. 562, 878 <br />A.2d785 (2005). <br /> <br />..~ <br />( 'y <br /> <br />Case Note: In its decision, the court noted that in considering an ap- <br />plication for a hardship variance, one consideration was whether the <br />applicant could ,have taken steps to bring the non-conforming lot into <br />conformity by purchasing additional property. The court commented <br />that because Egeland was a joint owner of the other half of the original <br />Property, she was in a position to rejoin the two lots to create a single <br />fully conforming lot. <br /> <br />Preemption~Oil and gas producers contend <br />township's ordinance is invalid as preempted by <br />state law <br /> <br />Township asserts ordinance should not be preempted <br />wholesale, but be subject to section-by-section analysis <br /> <br />Citation: Range Resources Appalachia, LLC v. Salem Tp., 964 A.2d 869 (Pa. <br />2009) <br /> <br />".~~'. <br />t, <br /> <br />...--.....' <br /> <br />PENNSYLVANIA (02/19/09)-In 2006, the Township enacted a com- <br />prehensive subdivision and land developinent ordinance. The ordinance in- <br />cluded as Appendix B (hereinafter, the "Ordinance") regulations for surface <br />and land development associated with oil and gas drilling operations. Ad- <br />ditionally; the Ordinance established a fee for permit applications for oil and <br />gas drilling operations. It also provided for criminal penalties for failure to <br />comply with its terms. <br />Oil and gas producers (collectively, the "OGPs") commenced an action <br />in court challenging the validity of the Ordinance. Among other things, the <br />OGPs contended that the Ordinance was preempted by the Pennsylvania's <br />Oil and Gas Act (the "Act"). <br />Section 602 of the Act provided that the Act preempted all ordinances <br />that: contained provision which imposed conditions, requirements or limita- <br />tions on the same features of oil and gas well operations regulated by the <br />Act; or accomplished the same purposes as set forth in the Act. <br />The Township and the O'GPs filed cross-motions for summary judgment. <br />They each asked the trial court to find that there were no material issues (0 <br />of fact in dispute and to issue sUmmary judgment in their favor on the law <br />alone. <br /> <br />10 <br /> <br />@ 2009 Thomson Reuters <br /> <br />" <br /> <br />52 <br />