YOUNGSTOWN Fire marshal appeals ruling preventing retailer's move

YOUNGSTOWN -- The state fire marshal has appealed a magistrate's ruling that would prevent a Jefferson County fireworks retailer from moving into Mahoning County while a lawsuit is pending.
The state agency says Magistrate Eugene Fehr of Mahoning County Common Pleas Court erred in granting a preliminary injunction and asks that common pleas Judge Maureen Cronin review the ruling.
At issue is a legal settlement between Safety 4th Fireworks of Stratton, Ohio, and the fire marshal that would allow the company to relocate three fireworks stores any place in Ohio. B.J. Alan Co. of Youngstown, which operates Phantom Fireworks stores, sued the fire marshal, saying the settlement violated a moratorium on relocating fireworks stores.
Sam Abdalla, who owns Safety 4th, has said he doesn't intend to move into Mahoning County but is fighting for that right to prevent the setting of a legal precedent that would prevent him from moving into another county.
The fire marshal said that at the time Safety 4th applied for the license transfer, the agency was allowed to grant that request as a variance under state law.