Fayette County bench recuses from hearing ZHB appeal
Fayette County’s president judge Monday issued an order recusing the entire bench from hearing an appeal filed last week against a county zoning hearing board (ZHB) decision related to property being eyed for the construction of a new prison.
In the order, President Judge John F. Wagner Jr. directed the court administrator to initiate the process through the Administrative Office of Pennsylvania Courts to have a visiting judge assigned to the case.
Dr. Evelyn Hovanec, John Cofchin and Ralph and Jerrie Mazza, represented by attorney Rich Bower, filed the appeal in Fayette County Court on June 24, questioning the action of the ZHB in granting special exceptions for the 12.41 acres of property in Dunbar and North Union Townships which the county is contracted to purchase for the purpose of building the new county Justice and Rehabilitation Center (JRC).
The appeal asks the court to address whether it was appropriate for Fayette County Commission Chairman Al Ambrosini to apply for the exemptions as an individual, rather than as county executive.
Bower also argued in the complaint that the application for exemptions was mute on the subject of several aspects of the county zoning ordinance, which outlines various permits that must be secured prior to being granted the exemptions requested.
Additionally, Bower contended that beyond the compliance issues, the suggested use of the property, because of placement, would conflict the general policy contained within the zoning ordinance.
Furthermore, the appeal questions discrepancies in the acreage for which the exemptions were granted versus the acreage that was advertised and stated in the application for exemptions.
The appeal asks for a judge to reverse the ZHB’s decision and deny the special exception and variances for the proposed prison site. A hearing on the matter will be scheduled once a visiting judge is assigned.