Burgettstown billboard dispute again lands in court
Burgettstown Borough’s battle with a billboard company is back in Washington County Court.
Solicitor Lane Turturice filed three requests to enjoin Richard J. Zelenko and his All State Signz Co., one for each billboard.
Turturice noted that a dispute between the borough and the billboard firm began in 2013 when the company requested borough council’s approval for signs but did not receive an answer.
The borough’s position was that its zoning ordinance prohibits advertising a business not located on the same premises.
A decision by Washington County Judge Gary Gilman in favor of the borough was overturned by Commonwealth Court.
The appellate court cited a section of state Municipalities Planning Code that says, “where the board fails to render the decision within the period required … the decision shall be deemed to have been rendered in favor of the applicant.”
When the case was sent back to Washington County Court, then-Judge Damon Faldowski ruled the company’s applications for billboards were deemed approved under the state Municipal Planning Code.
“It prevailed on that requirement but was still required to comply with all other provisions of borough ordinances and state and federal laws” on placement of billboards along highways, Turturice wrote in his injunction requests.
The company needed to obtain building permits by submitting plans showing the shape and dimensions of the lot, plus the size and location of any buildings.
In 2018, an attorney for All State Signz began the process of applying for and obtaining permission, but no one responded to a letter from the municipality and the matter remained dormant until March of this year when the company began constructing billboards on two or three prominent sites in the borough, and the borough issued a “stop work” order.
The borough is seeking court orders to keep All State Signz from erecting billboards until the matter is resolved.
Zelenko’s Pittsburgh attorney, Irving S. Firman, responded Monday to an emailed request for comment, “I have not received anything.”
No court date has been set.