Tuesday, Lincoln County magistrates and the judge executive were served papers on behalf of the Allen Company as respondents in a civil suit regarding a fiscal court decision disapproving a zoning change requested by the Allen Company. The Allen Company is seeking a zone change on a 12-acre plot of land on US 27 in Waynesburg that would allow them to build an asphalt plant. In their complaint, the Allen Company says that the court's decision was "void, arbitrary and capricious."
The complaint follows a March 13 decision by the fiscal court to reject a recommendation by the Lincoln County/Cedar Creek Planning and Zoning Commission (P&Z) that would change the zoning from agricultural to light industrial. After the vote, Allen Company representatives left the meeting and refused to comment.
When P&Z originally forwarded a recommendation to the court favorable to the Allen Company, Magistrate Terry Wilcher made a motion that the commission be dissolved saying that if all that mattered was whether a company followed all the state guidelines for a zoning change, "Why have P&Z?"