Judge to decide future of Ligonier pavilion

Ligonier Borough neighbors are asking a Westmoreland County judge to enforce a zoning board ruling and rescind permits that allowed owners of a boutique hotel to build and host events in an adjoining designer pavilion.

A land use appeal filed this week challenged a legal claim made by owners of the Thistledown at Seger House, which earlier this month declared that a detailed ruling by Ligonier’s zoning hearing board was invalid. Hotel owners claim the zoning board did not adequately address the issues and failed to follow proper procedures in making findings to reverse the borough zoning officer’s decision last fall to issue construction and occupancy permits.

In court documents, neighbors argue the hotel owner’s legal maneuver challenging the zoning board’s ruling was done so “for no other purpose than to cause appellants delay and force appellants to incur additional counsel fees, costs and expenses in filing this appeal,” according to the lawsuit.

Officials said the Thistledown’s legal maneuver allows the hotel to continue to host events at its 2,100-square-foot pavilion during the course of the litigation without incurring fines from the borough for operating without a license and in violation of Ligonier’s zoning code.

Thistledown’s pavilion can host up to 274 guests and, according to testimony from January’s public zoning appeals board hearing, owner Adam Gardner said he intended it to be a permanent structure to augment his West Main Street eight-room hotel. The site hosts wedding receptions, graduation parties and other events.

Gardner declined to comment on the zoning appeal lawsuit.

Laurel Municipal Inspection Agency, which serves as Ligonier’s zoning and code enforcement officer, last summer issued a construction permit for the pavilion and in the fall approved an occupancy permit once the European- style wood-trimmed structure was erected.

Neighbors Sandra Podlucky, Patricia Perluk and Dawn Metz appealed the issuance of the permits, claiming it violated Ligonier’s zoning code.

Following a public hearing in January, the zoning hearing board in April rescinded the permits and in a written response explained that the permits were improperly issued.

The board found the Thistledown’s pavilion was an “incidental and accessory” to the current use of the hotel and as a result does not conform to the borough’s zoning ordinance.