Connellsville businessman sues city over electronic sign permit
CONNELLSVILLE – A businessman is seeking intervention by the Fayette County Court to direct the city public safety director to sign his permit that has been sitting idle for three months. In documents filed with the Fayette County Prothonotary on Tuesday, Samuel Livingston, through his attorney Richard Bower, states that Councilman John Whalen did not respond to his application to erect a sign along Route 119 as required by law.
Whalen serves as director of public health and safety and is listed as a defendant in the lawsuit, along with city council.
In addition to ordering Whalen to authorize the permit, Livingston is also requesting the court direct Whalen and city council pay any incurred attorney fees.
“A municipality shall render a decision either approving or disapproving the application for a permit within 90 days after the application is filed,” Bower said in the document. “(Livingston) has met all requirements of the application process for a signed permit.”
Livingston filed an application with the city on Dec. 2 requesting approval for the construction of a 14-foot by 7-foot electronic double-sided sign. The placard, according to the application, would be attached to two steel piers and erected along Route 119, near Livingston’s 425 Highland Ave. business, Fast Cash Consignment.
The city planning commission authorized the building of the structure at its December meeting, but Whalen has sole discretion in approving signing applications.
According to the lawsuit, Livingston has not received any communication from Whalen since the submission of the application and filing fee.
“(Whalen and council) have on numerous occasions been contacted by (Livingston) to determine the status of the application,” said Bower.
When contacted Wednesday, city clerk David Pincosky said Whalen had not signed the permit.
Fayette County Court of Common Pleas Judge Ralph Warman is scheduled to hear the matter on Friday at 9 a.m.