Jun 15, 2018 3 min read

A Finleyville-area mechanical contractor asked Washington County Court to intervene on its behalf against Union Township, which has imposed special conditions on a grading project.

W.G. Tomko Inc. of 2559 State Route 88 was granted a grading permit in September 2016, which was valid for a year with the proviso that it could be extended.

The firm applied for an extension in May 2017, saying the scope of the project was too large to be completed within a year.

The grading permit is being extended on a month-to-month basis, but Tomko’s in-house attorneys claim the township demanded an unauthorized fee for the extension, a fee that was later refunded.

Tomko took the township to court over the second fee, but, according to the latest suit, “the parties are attempting to resolve their differences.”

Tomko, according to the suit filed in Washington County Court last week, submitted an application for a new grading permit in February.

In May, township supervisors approved the permit with several conditions, including no extensions, completion within one year, no work on weekends and coordination with Ringgold School District so trucks carrying away materials do not conflict with bus runs on state and local roads.

The project involves hammering rock, and the township has deemed the noise a public nuisance, so it is requiring Tomko to muffle sound and has reserved the right to have “sound wall barriers” constructed.

The township is also seeking weekly activity reports, including aerial photographs made from planes flying from Finleyville Airport, and a $5,000 escrow account to cover the township engineer’s review.

Violations of the conditions will carry a monetary penalty if not corrected within 48 hours, and will require a suspension of activity until the conditions have been satisfied.

The township also set up a committee of citizens and officials to discuss problems with the project, and it is requiring Tomko to clear dust generated by the project.

Tomko, in its court filing, claims it is not governed by a township noise ordinance and it is a private matter that should be resolved between residents and the company.

The firm is also resisting the township-imposed work limits, saying it has chosen to have the work performed between 7 a.m. and 5:30 p.m. Monday through Saturday.

It states in its complaint the township does not have the right to place conditions on Tomko’s truck runs on state roads, but it has agreed to the formation of a citizens’ committee.

“Imposition of these conditions is unlawful and has caused monetary damages to Tomko” in excess of $250,000 for which it will be seeking reimbursement, according to the complaint.

The company asked the court to alter the conditions to accommodate its project, plus costs, attorneys’ fees and other relief.

No court date was immediately scheduled.