Judge to hear arguments on dismissal
A Fayette County Court judge will hear arguments Tuesday regarding the replacement of a Connellsville Planning Commission member. Judge Steve P. Leskinen ruled late Friday he would grant the petition of Randy Strickler to conduct a hearing and determine whether city council erred in replacing him on the panel with Ronald Rankin.
Fayette County Judge Ralph C. Warman had ruled earlier in the day that he would not render a decision during a brief hearing in the matter, but would instead allow Leskinen to preside over the case.
Last week, attorney Richard Bower, on behalf of Strickler, asked the court to intervene in the recent action taken by council to remove Strickler from the commission and replace him with Rankin.
Strickler had served on the commission since 1993.
Bower, in court documents, stated the action was illegal in that there was no vacancy on the board and that an immediate decision was necessary because the commission is scheduled to meet within the next week to conduct business.
City solicitor Joseph Ferens requested the matter be dismissed, arguing the issue was not properly raised within Bower’s submitted documentation, but Leskinen denied the objection.
“We’re not contesting the legality of (Rankin’s) appointment, we’re contesting the legality of (Strickler’s) removal,” said Bower.
Leskinen also requested that documentation be presented that gives council the power to “unilaterally modify the term of office of members of the planning commission retroactively.”
Strickler’s removal from the panel came at the same time council moved to restructure the terms for commission members Sam Spotto and Tom Trimpey. The three were reappointed to five-year terms in January 2001 by the past administration.
In addition to removing Strickler from the panel, council also agreed to have Ferens seek an injunction to halt the construction of a multi-level building being erected by Strickler.
The structure, located at the intersection of Crawford Avenue and routes 119 and 201, came under scrutiny when it was discovered the planning commission had not reviewed the building permit application at a public meeting.
On Wednesday, the commission is slated to make a determination whether Strickler will be able to complete the building project.
It is unclear whether Rankin, if still seated, will be permitted to vote on the matter.
Commission solicitor Kirk Sohonage said Friday if Strickler is reinstated to the panel, he would be required to abstain from taking part in the decision-making.
“It would be a conflict of interest for (Strickler) to vote,” said Sohonage.
Bower, meanwhile, said Friday that he hopes for quick ruling by the jurist.
“I anticipate Judge Leskinen will be expeditious in making a decision,” said Bower.