Oct 8, 2002 By Patty Shultz 3 min read

CONNELLSVILLE – It appears city council is preparing to take legal action to have a construction project dismantled, according to the agenda released for tonight’s business session. Mayor Judy Reed will propose a motion to have city solicitor Joseph Ferens file an injunction with the Fayette County Courts to stop the construction of the three-story building being erected along Crawford Avenue and Route 201 and to have the courts order the structure be removed.

“I am concerned for the safety of the people that travel through that area,” said Reed. “Of all the people I have talked to (concerning the building), only one has said they approve of the building; the others have said they are restricted as to what they can see when traveling through the intersections.”

The multi-level building, owned by Randy Strickler, came under scrutiny by Reed and other members of city council after it was discovered the project had not been approved by the city planning commission.

The commission oversees new construction, along with replacement and repair work being completed within the city.

The building application was submitted to the city clerk’s office on May 20, but was never brought before the commission for discussion. Two of the panels’ officers at the time, Michael Paxinos and Samuel Spotto, however, attached their respective signatures to the paperwork on the same date, giving the appearance of authorization.

Last week, Spotto, who replaced Paxinos as board chairman, moved to have the application addressed by the board, but, instead, the panel ruled to delay action in order to have the paperwork reviewed by its solicitor.

Attorney Richard Bower, who serves as Strickler’s legal counsel, said Monday that under the doctrine of vested rights, his client does have a valid permit and any action taken to remove the building could result in legal action against the city.

“There are certain people in this administration that are going outside the realm of their responsibility,” he said. “We have delayed construction in order to try and have this resolved amicably; this construction will not be stopped indefinitely as Mr. Strickler has a valid permit.”

Attorney Kirk Sohonage, solicitor for the planning commission said he is perplexed by the planned resolution, noting that the panel had yet to take official action on the application.

“(The board) has not approved or denied the permit,” he said. “I don’t see why (council) would want to take action when it is not clear what the planning commission is going to do.”

Sohonage does agree with Reed that the board within the confines of a regular public meeting did not formally approve the permit, but proposes to resolve the issue at a special session slated to take place within the next week.

The board minutes from its May, June, August and September meetings do not indicate the matter was raised for discussion.

Council is scheduled to meet at 7 p.m. at the municipal building.