Company files lawsuit against New Castle mayor - WFMJ.com News weather sports for Youngstown-Warren Ohio

Company files lawsuit against New Castle mayor

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NEW CASTLE, Pa. -

The mayor of New Castle is being sued for allegedly nixing a proposed zoning change for a Dollar General Store after city council had approved the change.

The lawsuit was filed on behalf of PennTex Ventures, LLC out of Plano, Texas on Monday. 

PennTex says they petitioned the city to create a neighborhood improvement overlay district along Highland Avenue, between Park Avenue and Leasure Avenue back in April. 

The company also asked to be granted retail business use for a Dollar General store in that area.

In the lawsuit, the company claims that during two meetings to discuss the proposal, Mayor Anthony Mastrangelo spoke out against it.

Mastrangelo allegedly said approving the zoning change would "decrease the value of his home".

The company claims his home is within a block of where the proposed district would have been.

According to the lawsuit, Mastrangelo again voiced his opposition to the plan during a public hearing on June 28.

On that very same day, city council approved it three to two. The lawsuit claims Mastrangelo vetoed the bill one day later.

The suit claims that under the Pennsylvania Municipalities Planning Code, the mayor did not have the legal right or authority to veto a zoning amendment. They allege he does not have the legal right to thwart the legislative will of a majority of city council.

The lawsuit went on to say that "Since the mayor has a direct personal interest in the bill, he is not qualified to veto it".

The lawsuit cites legal precedent in its position that a public official " may use his official power to further his own interests".

According to the lawsuit, the New Castle City Council has not yet tried to override Mayor Mastrangelo's veto. 

The mayor did not have a comment when 21 News reached out to him. 

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