North Huntingdon pays developer $145,000 to settle lawsuit

North Huntingdon officials have agreed to pay a township developer $145,000 in an out-of-court settlement of a 2017 lawsuit in which the homebuilder claimed a former planning director discriminated against him, costing his company thousands of dollars.

Township commissioners voted 4-2 this week to settle with Robert W. Shuster’s RWS Development Co., which in September 2017 filed a lawsuit in Westmoreland County against the municipality and Andrew W. Blenko, who resigned last month as planning director.

The three-count suit alleged that Blenko unlawfully discriminated against Shuster’s company in its efforts to gain permits to build homes in the fourth phase of the Brook Haven housing plan, and that Blenko interfered with Shuster’s rights to develop his land by refusing to issue permits within a proper timeframe.

Under terms of the settlement, the township’s insurer will pay RWS Development $140,000 and the township will pay another $5,000.

Blenko could not be reached for comment.

Shuster’s attorney, James Creenan, said his client is pleased to have worked out an agreement that will allow “RWS (Development) to do many more projects in the future.”

Commissioner Duane Kucera voted to settle the lawsuit but said he was hesitant about it.

While, he said he did not believe the township would have lost had the case gone to trial, “we could have ended up paying a whole lot more.”

Kucera said he believed it was time to settle it since the allegations were aimed at Blenko, who is no longer a township employee.

Commissioner Tony Martino said he believed it was in the township’s best interests to settle.

“I thought it was the smartest thing to do,” because there was the chance Shuster would have won in court.

Commissioner Brian Blasko said after Wednesday’s meeting that he did not want to use taxpayer moneyto settle lawsuits, but “unfortunately sometimes that cannot be avoided.” Settling the suit means “an almost guaranteed increase on our insurance premiums,” Blasko said.

“Voting yes saved substantial legal fees, as this case could have went on for months or even years,” Blasko said.

Commissioner Darryl Bertani also voted in favor of the settlement. Commissioner David Herold was not at the meeting.

Commissioners Zachary Haigis and Fran Bevan opposed the settlement.