Nov 11, 2014 2 min read

A Finleyville company is asking Washington County Court to require the Union Township supervisors to allow crews to excavate a falling retaining wall on the property on Sundays.

W.G. Tomko Inc., a mechanical contractor located at 2559 State Route 88, in a complaint filed Monday, claims the activity is allowed seven days a week, but the company was permitted to complete the work only Monday through Saturday at a recent township supervisors’ meeting.

Tomko entered into a restoration plan with the state Department of Environmental Protection Oct. 16 that addresses remedial work at Tomko’s headquarters. The DEP ordered a high wall behind the building was a public safety risk and Tomko had to make the repairs with “due diligence,” according to court documents.

Tomko must excavate, crush, cut, fill and clear vegetation in the area. Tomko must meet a March 31, 2016, deadline and the company claims the restriction limits it as the equipment needed to do the work is in use during the week. Tomko also claims officials have witnessed others conducting construction activities on Sundays, court documents said.

Tomko states the restriction is not found in the township’s ordinances.

The company is seeking a declaration it be permitted to perform the excavation work on Sundays, as set forth in the township’s zoning ordinance, court documents said. If the company is successful in the action, Tomko asks for the right to seek damages. The potential revenue loss is $6,183 per day.