Connellsville businessman withdraws petition
A Fayette County judge has accepted the decision of a Connellsville businessman to withdraw his request to recoup costs in connection with a legal battle to retain a position on a city board. Randy Strickler, through his attorney Richard Bower, said he would revoke the petition filed last month seeking reimbursement of legal fees he was required to pay after the city declared his seat on the planning commission to be vacant.
The decision by Judge Stephen P. Leskinen was rendered shortly after a brief Wednesday conference between the jurist, Connellsville solicitor Joseph Ferens and Bower.
The suit named Mayor Judy Reed and council members Judy Keller and John Whalen as defendants.
Ronald Rankin, who the city officials named to fulfill Strickler’s position, was additionally named in the suit.
Neither Strickler nor the council members nor Rankin attended the hearing.
According to court documents, Strickler was seeking to recoup $5,500 in attorney’s fees and $360 he expended for constable services.
The suit evolved last year, when council took action to remove Strickler from the city planning commission and replace him with Rankin.
During the city proceedings, council said that a past administration had erred in setting a five-year term for Strickler and two other members of the panel at the same time.
In October, during a hearing before Leskinen in the matter, Ferens argued that Strickler’s removal was tied to council wanting to restructure the terms of office held by the members to meet the requirements in the state Municipal Planning Code that state the term of office to be no more than four years and that no more than two members should simultaneously depart the board.
Council did not replace commission members Samuel Spotto or Thomas Trimpey, who had been re-appointed at the same time as Strickler.
Leskinen ruled that the action to replace Strickler was “illegal and void” and similarly, in the action by the officials to place Rankin in the post.
Later, Leskinen modified the order and established the expiration of Strickler’s term of office to Dec. 31, 2004.
Following the Wednesday hearing, Bower declined to divulge why the petition was withdrawn, but noted because Leskinen accepted the request “without prejudice,” an amended petition could be filed at a later date.
Bower would not comment whether revised documents would be submitted to the court.