MAHONING TWP. — Township officials recently settled a 2019 federal lawsuit filed by a former township supervisor.
Wayne Myers, owner of W.L. Myers & Son, claims the board of supervisors denied him a paving permit for his school bus company parking lot in retaliation for him testifying on behalf of Christine DeLong, a former township supervisor chairwoman and treasurer, in a separate case over her health insurance benefits.
Under the settlement agreement, the township's insurance through the Pennsylvania Intergovernmental Risk Management Association will pay Myers $23,750. Myers also was to get a refund on his $341 application fee and won't have to pay a fee for a new permit application. The township officials admitted to no wrongdoing under the settlement.
In addition to the township, Supervisors Bill Lynn and T.S. Scott and Zoning Officer Dean VonBlohn were listed as defendants.
According to Myers' lawsuit, Myers testified at an Oct. 31, 2018 deposition relating to a lawsuit the township had filed against DeLong. Myers "expressed his belief" that DeLong was wrongfully caused to resign just before being eligible for retirement benefits. Myers also testified that he resigned as a supervisor in 2017 because Lynn and Scott had violated the Pennsylvania Sunshine Act, which requires government bodies and agencies to deliberate and take official action on agency business at a public meeting.
Myers had received a zoning permit to pave a portion of his parking lot, and he had completed that work. According to his lawsuit, Myers was told he would need a subdivision and land development plan to pave the remaining 9,638 square feet of his parking area. VonBlohn told Myers to apply for a waiver of this requirement, which applicants can do if they feel submitting the plans would cause undue hardship to their proposed development.
Myers learned the township board denied the waiver in a letter from VonBlohn dated Feb. 8, 2019.