http://www.post-gazette.com/pg/08353/936013-100.stm
Erie tires-to-energy plant loses appeal
Thursday, December 18, 2008
The Associated Press
ERIE, Pa. -- A judge has rejected the zoning appeal of a company planning a $300 million tires-to-energy plant.
Erie Renewable Energy LLC wants to build the 90-megawatt power plant in Erie. But zoning officials rejected the plan because two 165-foot boilers are higher than the city's 100-foot limit.
The company argues that zoning allows for exceptions if the boilers are a "necessary mechanical appurtenance" to the main plant.
The city says the boilers aren't part of the main building and don't qualify. But the company says pipes connect the boilers to the building's main turbines, which can't operate without the boilers.
The company's attorney is reviewing the ruling for another possible appeal.
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