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Closing of Fort Allen Frosty Shack sought

Rich Cholodofsky
| Saturday, April 28, 2012, 2:08 a.m.

There's a chill in the air between the owners of the Fort Allen Frosty Shack and Hempfield Township.

Local officials on Thursday filed a lawsuit against the ice cream shop, asking a Westmoreland County judge to shut down the Frosty Shack over its alleged failure to comply with a township ordinance.

Hempfield leaders contend the Frosty Shack on Route 136 changed the drainage on its property as part of a parking lot resurfacing in 2002. A swale, or depression, was removed from the parking lot during the work seven years ago, according to the lawsuit.

"The lower property owners are getting flooded in heavy rain storms," said Hempfield Solicitor Les Mlakar.

In the lawsuit, Hempfield claims the parking lot changes caused surface water to run off onto nearby properties.

The township said the parking lot changes violate a storm water ordinance that was approved in 1992. The ordinance required the shop to file a storm water management plan before embarking on the parking lot repairs, something Mlakar said was not done.

"Hempfield has on numerous occasions attempted to seek compliance with the terms and conditions of said ordinance, but Frosty Shack has failed and refused to comply," according to the lawsuit.

In recent months, the township and shop owners have met but were unable to resolve the dispute, Mlakar said.

In the lawsuit, the township asked the court to order the Frosty Shack to close until it complies with the storm water ordinance. Another remedy proposed in the lawsuit is an injunction against shop owners from violating the ordinance.

A call to the Frosty Shack seeking comment about the lawsuit was not returned.

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