The Commonwealth Court of Pennsylvania has upheld a lower court's decision to dismiss a land use appeal filed by Thomas J. Bozek against Atlantic Wind, LLC. The court ruled that Bozek's appeal was untimely and lacked jurisdiction. This ruling affects Bozek, a landowner near the South Chestnut Windpower Project, which has been operational for over a decade.
The case, T.J. Bozek v. Atlantic Wind, LLC, was filed under docket number 1557 C.D. 2024. It stems from Bozek's long-standing opposition to the wind power facility located in Fayette County, Pennsylvania. The court's decision, issued on July 16, 2026, affirms the earlier ruling by the Court of Common Pleas of Fayette County, which quashed Bozek’s appeal on October 15, 2024.
Background
Thomas J. Bozek has been involved in legal challenges against the South Chestnut Windpower Project for approximately 20 years. The project, owned and operated by Atlantic Wind, LLC, began construction around 2010 and has been fully operational since then. Bozek, whose property is in proximity to the project, has previously contested zoning decisions and variances related to the wind turbines.
Prior litigation included appeals to the Fayette County Zoning Hearing Board and the Commonwealth Court. In earlier rulings, the Commonwealth Court upheld decisions regarding the zoning and dimensional variances for some of the turbines. In 2009, the Fayette County Planning Commission amended the zoning ordinance to allow commercial wind turbines as a permitted use, which Bozek challenged in a separate appeal.
Bozek filed his land use appeal regarding the Development Approval Determination on February 8, 2011, but did not name the Planning Commission as a party. This appeal was part of a series of legal actions, including a mandamus action that also involved the same subject matter. Over the years, the case faced delays, including failed mediation attempts and procedural stagnation.
The Ruling
The Commonwealth Court, led by Judge Christine Fizzano Cannon, affirmed the lower court's decision to dismiss Bozek's appeal. The court found that Bozek's appeal was filed too late, stating, "The [Land Use] Appeal was untimely and th[e Trial] Court lacks jurisdiction to review it." The court emphasized that the appeal period for land use decisions is strictly enforced and cannot be extended.
The court explained that the timeline for filing an appeal begins when the governing body communicates its decision. In this case, the court noted, the Development Approval Determination was made on October 14, 2009, and Bozek had until November 13, 2009, to file his appeal. Since he filed his appeal on February 8, 2011, it was deemed untimely.
Furthermore, the court stated that even if it considered the latest possible date for the appeal's start as December 22, 2010, when the Development Plan was recorded, Bozek still missed the 30-day deadline. The court concluded, "The [Land Use] Appeal does not aver the date of the conditional approval of the [Development] Plan," which further complicated Bozek's position.
Impact
This ruling has significant implications for Bozek and other landowners challenging land use decisions. It reinforces the importance of adhering to strict timelines when filing appeals related to land use and zoning matters. The court's decision clarifies that failure to comply with these procedural requirements can result in the dismissal of appeals, regardless of the underlying issues at stake.
The ruling also highlights the challenges faced by individuals contesting large-scale development projects, such as wind farms, especially when local government decisions have been made in favor of such developments. This case could serve as a precedent for future land use disputes, emphasizing the necessity for timely legal action.
What's Next
Bozek's options for appeal are limited following this ruling. The Commonwealth Court's decision is final, and there are no further appeals pending related to this case. However, Bozek may consider other legal avenues, although details were not available in the court filing.