West Penn Township asked Schuylkill County Court on Friday to order a food stand in South Tamaqua to close until it obtains proper permits and has a land development plan approved.
In its lawsuit, the township alleged that Steven C. Dunn, New Ringgold, has expanded his seasonal roadside stand beyond what is permitted under its zoning ordinance and to such an extent that it no longer can be considered such a business.
"Dunn no longer meets the definition of a seasonal roadside stand, and is now actually a more comprehensive commercial retail use that includes the sale of prepared food," according to the lawsuit.
The township asked the court to bar Dunn from operating his business until he obtains all necessary permits and other approvals under its driveway, zoning and subdivision and land development ordinances.
However, Dunn told quite a different story when contacted Friday.
"I could read you a book on these people. This township's unbelievable. We have tried to get these permits for the last six years," he said. "They're not going to be the only ones filing lawsuits. They're violating our civil rights."
Dunn has operated the stand at routes 309 and 443, across from the now-closed Leiby's Restaurant, since 2005. Items sold there include fruits and vegetables.
However, according to the township, the stand has grown far beyond what the zoning ordinance allows.
The ordinance permits such a stand to be no more than 800 square feet and requires it to be portable, according to the lawsuit. Dunn has expanded the stand to more than 800 square feet and does not remove it during the off-season, the lawsuit reads in part.
Also, Dunn has added a concrete pad and canopy to the property and expanded the business to include the sale of ice cream cones and sundaes, for which he must obtain zoning permits, according to the lawsuit.
"Dunn has not obtained a zoning permit for the pad, canopy or ice cream stand," the lawsuit reads in part.
Furthermore, Dunn never submitted a land development plan for any of the improvements, never obtained a driveway permit and never furnished a valid highway occupancy permit from the Pennsylvania Department of Transportation for the property, according to the lawsuit.
Although Dunn received notices in June of his alleged violations of township ordinances, he continued to operate the stand for the rest of the year without making any legally necessary changes, the lawsuit reads in part.
"Dunn took no actions to curtail or limit his use of the (property) to within the limits of his existing permits," according to the lawsuit.
Dunn disagreed.
Township officials play favorites, and at least one township official has threatened to shut down his stand, he said.
"From that time on, I've had trouble with this township," Dunn said. "I've spent a lot of money on lawyers and surveyors."
Township officials even maintain they supersede the state when it comes to some of the permits, Dunn said.
"We have permits from the highway for a driveway," he said.
