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Lemont Furnace business owner files lawsuit against county and neighbors

By Mark Hofmann mhofmann@heraldstandard.Com 3 min read

A Fayette County business owner has filed a lawsuit in federal court alleging the county has mistreated his businesses by issuing zoning violations.

On Monday, Joseph Cellurale Jr., through his attorney, Joel Sansone, filed a lawsuit against the county, Commissioner Angela M. Zimmerlink, Terry Kriss and Diane Kriss.

The suit claims that Cellurale, the owner of Joey’s Auto Repair & Body Shop and On-Par Turf LLC, both located in Lemont Furnace, was mistreated by the county because of ongoing issues between him and the Krisses, whose property abuts Cellurale’s.

“Since in or about 1995, Defendants Terry Kriss and Diane Kriss have filed multiple complaints against Plaintiff Joey’s and Plaintiff On-Par with (Fayette County),” stated Sansone in the complaint. “During that same period, Defendants Terry Kriss and Dianne Kriss also filed several challenges to various Fayette County Zoning Hearing Board decisions that were favorable to the (businesses).”

Sansone contended the Krisses met with the county sometime in 2007. During that meeting, he alleged, Zimmerlink instructed representatives of the county to cite Cellurale’s two businesses for zoning violations that Sansone said did not exist.

The complaint claimed that Zimmerlink and the Krisses maintain a strong friendship, alleging Cellurale has seen Zimmerlink on the couple’s property numerous times and believes they regularly socialize together.

Zimmerlink denied the allegations.

“I have not directed the county solicitor nor the county zoning office to cite him. This will be aggressively defended as I am not going to continue to be a scapegoat in lawsuits,” she said Monday. “It is an outright lie that I’ve been on either of those properties numerous times.”

Sansone alleged Cellurale’s businesses have been the subject of numerous complaints and citations for zoning violations he said did not exist. That has caused Cellurale to make multiple court appearances, costing both time and money.

A 2015 petition filed by the Krisses before the zoning hearing board, requrested the revocation of the zoning certificate for On-Par, according to the complaint. At the hearing, it was determined that the county erroneously included an incorrect parcel number on On-Par’s zoning certificate, the suit stated.

The petition was granted, and On-Par’s zoning certificate was revoked. The suit contended Zimmerlink instructed that occur.

Following the revocation, Cellurale received several cease and desist letters with the most recent on Sept. 6, 2016, to halt all activities and related to its operations.

In April, the county filed a lawsuit against Cellurale, alleging he continued zoning ordinance violations at On-Par.

Sansone contended Cellurale’s constitutional rights were violated as he has suffered economic damages, loss of business and other injuries and damages.

Cellurale is seeking compensatory general damages, punitive damages and legal fees.

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