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Attorney moves to block county’s intervention in zoning appeal

By Susy Kelly skelly@heraldstandard.Com 2 min read

The attorney representing a group of Fayette County residents in a zoning appeal related to the proposed site of the new prison is asking a judge to block the county from intervening in the matter.

In response to a notice of intervention filed by Fayette County solicitor Sheryl Heid on July 11, attorney Rich Bower, who represents Dr. Evelyn Hovanec, John Cofchin and Ralph and Jerrie Mazza in the appeal of the county zoning hearing board’s decision to grant special exceptions for the 12.41 acres of property in Dunbar and North Union townships that the county is contracted to purchase for building the prison, filed a motion to strike the county’s participation on Monday.

Heid pointed out in the notice of intervention that it was the county that submitted the request for variances and special exceptions, and that the county has a stake in the outcome of the appeal.

Bower, in Monday’s filing, countered that it was county commission Chairman Al Ambrosini whose name appeared on the zoning variance request, not Fayette County. Bower argued that the county has no standing in the appeal.

Last week, Bower moved to consolidate his clients’ appeal with a very similar appeal lodged by Greensburg attorney Leslie Mlakar on behalf of Terry and Dianne Kriss, owners of the historic Meason House, which is located near the future site of the prison.

Both parties claim that the application for exemptions did not address several aspects of the zoning ordinance, which outlines various permits that must be secured prior to being granted the exemptions requested, and that the proposed land use does not comport with the general principles of the ordinance.

The entire Fayette County bench has recused itself from hearing the appeal, and Senior Judge William Ober of Westmoreland County has been assigned to hear the case. No hearings on the matter have yet been set.

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