Three North Huntingdon officials are being sued in federal court after the township had 10 trees removed from a resident’s front yard in October.
Curt Orner of 500 Oakhurst Drive alleges in the lawsuit filed in U.S. District Court in Pittsburgh on Dec. 30 that the defendants — township Manager Jeff Silka, Code Enforcement Officer Josh Andrykovitch and police Chief Robert Rizzo — were responsible for the township having the trees cut down on Oct. 24.
Orner is seeking compensatory and punitive damages in the five-count lawsuit, alleging the township violated his constitutional rights by taking his property without due process or just compensation, as well as depriving him of his civil rights when they abused their authority.
Silka said Thursday the township has yet to see the lawsuit.
Orner claims he paid a landscape company $2,000 to plant 15 arborvitae trees in April 2017. In May 2017, he was told that two of his neighbors objected to the trees, alleging they blocked the vision of motorists.
Andrykovitch notified Orner in May 2019 that he was violating a township ordinance requiring property owners to remove any traffic hazards.
Silka and Rizzo allegedly told Orner on July 17, 2019, that he had to cut down some of the 15 trees he planted, or the township would cut them down, according to the suit.
Orner trimmed the trees, but maintained they were not in a right of way. Rizzo allegedly sent Orner emails asking him when the trees would be removed, then Andrykovitch notified Orner on Oct. 8 he had until Oct. 21 to remove the trees, according to the suit.
The township had 10 of the trees cut down a few days later.
Orner claims he spent $1,500 on a survey to prove the trees were on his property and not in a right of way.
