Fireworks companies sue North Huntingdon for more than $30,000

Two Kansas fireworks firms sued North Huntingdon for more than $30,000, saying the township’s refusal to grant a permit that would keep their store open near the Pennsylvania Turnpike’s entrance has caused a “significant” loss in sales the past two months.

Fireworks Leasing LLC and Wholesale Fireworks Enterprises LLC, both of Pittsburg, Kansas, claim in a Dec. 19 lawsuit filed in Westmoreland County court that township Manager Jeff Silka unlawfully or unreasonably denied the companies’ request on Dec. 13 for an occupancy permit to reopen a store that had been closed since Oct. 18.

Wholesale Fireworks and Fireworks Leasing is asking the court to award it more than $30,000 and order North Huntingdon to issue a certificate of occupancy for the Gregg Street store and any other necessary permits.

Silka declined to comment Thursday.

The suit alleges that Silka told Wholesale Fireworks the only way it could receive another occupancy permit was to install a fake stone front around the foundation and walls of the metal building on Gregg Street, as shown in an approved design of the building. Wholesale Fireworks stated North Huntingdon did not issue an occupancy permit, even after it installed the fake stone on Dec. 19.

The North Huntingdon commissioners, also named in the lawsuit, voted on Dec. 18 to release a $499,807 bond for Wholesale Fireworks Enterprises. The commissioners did not make any comment before approving the release of the bond.

When Wholesale Fireworks constructed the building earlier this year, the suit claims North Huntingdon did not have the authority under any ordinance to require the company to make aesthetic design changes, including painting the roof a different color and requiring the fake stone to be wrapped around the foundation and walls to the top of the windows and doors.

Andrew Blenko, North Huntingdon’s former planning director, contended that the stone facade was contained in a conceptual drawing that Wholesale Fireworks provided the township and was approved by the commissioners.

The township did grant Wholesale Fireworks a temporary permit to be open for the July 4 holiday and the temporary permit was extended to Oct. 17.

Greg McCandless, a company representative, told the township commissioners in July that it was crucial that the store had to be open in the weeks leading up to July 4 because 80 percent of its sales occur during that time, and 90 percent happens on one day.

“The fireworks business is a lot like Santa Claus. It happens on one day,” McCandless told the commissioners.