PORT ALLEGANY – Nearly two years after William E. “Billy” and
Jeanette Burleson first sought permission from Port Allegany
Borough government to build retail spaces on the 500 block of North
Main Street, the couple has sent a formal demand for a
settlement.
A detailed “letter of demand” has been sent on behalf of the
Burlesons, but those details have not been released by the borough,
the Burlesons or the attorneys representing the parties.
Billy Burleson, now a member of the Borough Council, told the
council weeks ago that the municipality should be aware of possible
litigation based on Burlesons’ contention that they have been
harmed financially by the fact that the Borough Council did not
grand a conditional use as asked by the Burlesons in 2004.
Last year saw Judge John Cleland of the McKean County Court of
Common Pleas remand the matter to the borough council.
The council had to repeat both the public hearing and the formal
vote on the petition for a conditional use, with both proceedings
conducted in a markedly different way. The outcome was different,
too: Burlesons’ request for a conditional use was granted.
This cleared the way for the creation of a four-storefront
development the Burlesons called Benton Place, provided other
necessary permits are granted by the appropriate agencies.
Borough Manager Richard Kallenborn confirmed last week that the
borough has “received notifications” concerning the settlement
demand from the Burlesons, and referred a reporter to borough
solicitor Michael Alfieri.
Alfieri said the letter of demand states the basis for the
Burlesons’ request, but declined to state what losses and costs the
Burlesons had listed, or any total amount being requested.
According to Alfieri, the demand letter was “forwarded on to the
insurance company.”
The borough’s insurance carrier will negotiate with Burlesons’
representative, Alfieri explained.
Alfieri noted that no law suit has been filed in the matter.
Billy Burleson said he could not provide any information about
the couple’s demand for settlement, on advice of counsel.
He added, “I think that most who have been following (events
concerning the Burlesons’ efforts to launch the Benton Place
project) understand why we have to do this.ðIt is ugly, but we just
can not afford the losses that the council has caused our family.
The Borough Council is the cause of this action, not us.ð
“We did everything by the book. We were responsible, honest and
sincere in our requests (concerning) a project that satisfied the
zoning requirements of the Port Allegany Borough.”
The Burlesons are represented by Neal Devlin of Knox McLaughlin
Gornall & Sennett of Erie. Devlin has not responded to an
e-mailed request for comment.
