Saturday, June 26, 2004
The suit is related to meetings concerning B.J. Alan.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- The owner of a Jefferson County fireworks company says Beaver Township trustees acted illegally in opening the door for a competitor to build a fireworks store this year.
Sam Abdalla, who owns Safe and Sane Fireworks Association, filed a lawsuit Friday in Mahoning County Common Pleas Court against township trustees and B.J. Alan Fireworks Company of Youngstown.
It asks for a declaration that trustees violated Ohio's open meetings law and that any actions taken as a result of illegal meetings be declared null and void.
Atty. James Vivo, who filed the suit for Abdalla, could not be reached to elaborate on the complaint. The county prosecutor's office, which represents the township, had not seen the lawsuit and declined to comment.
B.J. Alan sued the township last year over the township's denial of a zoning permit for the company to build a new retail store. The lawsuit says that trustees met Dec. 17, 2003, and adopted a motion to accept a settlement in the case.
Trustees met again Feb. 10, 2004, and agreed to an amendment to the settlement agreement, the suit says.
It says the settlement agreement came about as a result of deliberations or meetings that were not open to the public, which makes it illegal.
The suit asks that the court stop the settlement from taking effect, even though B.J. Alan already has built and opened its new store.