Nov. 2--Fayette County has tentatively agreed to pay $150,000 to a Dunbar Township family who alleged a county commissioner used zoning laws to try to close two businesses that sit in front of a national historical cite.
James Cellurale, Marilyn Cellurale, Joseph Cellurale Sr. and Joseph Cellurale Jr. filed a civil lawsuit in January. They named Fayette County and Commissioner Angela Zimmerlink as defendants.
In the lawsuit, the Cellurales accused Zimmerlink of manipulating zoning laws in a failed effort to close a garden shop and auto repair business that sit in front of the historic Isaac Meason House on Route 119 south.
Marilyn Cellurale yesterday said she and her family are satisfied with the tentative settlement amount because it covers legal fees they incurred battling the county over the alleged zoning violations.
"We didn't want to gouge the county, so that's why we settled now," Cellurale said. "We wanted to get our attorneys' fees back. Any more money that we might have received just hurts everybody in the county."
Commissioners Vincent Zapotosky and Vincent Vicites said yesterday they were opposed to the settlement because they wanted the case to go to trial.
Vicites said he feels that Zimmerlink engaged in "selective enforcement" of zoning laws against the Cellurales.
"Full disclosure should take place," Vicites said. "There were a lot of things that took place that the public is not aware of. That's why I was in favor of this going to trial, but the insurance company has made the decision to settle."
Zapotosky said the fact the insurance company is willing to settle for $150,000, rather than go to trial, indicates there was selective enforcement.
"When you see an award of this magnitude, it is a clear indication that the writing was on the wall, and it wasn't very good writing for the two defendants, Fayette County and Commissioner Zimmerlink," Zapotosky said. "I hope Commissioner Zimmerlink has learned a very valuable lesson, to be a commissioner and not to be the head of the Zoning Hearing Board."
Zimmerlink yesterday took issue with the comments of her fellow commissioners, disputing their assertions that they wanted the case to go to trial.
"The citizens of Fayette County should be insulted by the two Vinces attempts to bluff them into thinking that I, as one commissioner, have such power and influence," Zimmerlink said. "The decision of the insurance company to settle this case is largely motivated on the fact that the two Vinces have declined to defend the case on the merits, and instead chose to make it political against me and because of that the county and I have been denied the opportunity to defend against these allegations at the county's detriment."
In addition to the monetary sum, the tentative agreement calls for the county to withdraw a civil lawsuit that pits its planning office against its zoning board.
Zimmerlink and former Commissioner Joe Hardy signed off on the civil filing, which seeks to have zoning-enforcement notices reinstated against the auto repair shop.
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