boardman - A business owner in Boardman township is at risk of losing access to his property due to legal action from the township zoning department.

John Evan, owner of Evan Company LLC, runs a civil engineering company on his property on Southern Boulevard. The company does asbestos testing and abatements, and lead remediation.

Thomas Kieran, Boardman Township director of planning and zoning, is asking a judge to order Evan's business operating on Southern Boulevard to shut down. 

Kieran is asking for a permanent injunction, claiming hazardous materials and heavy equipment on site are not permitted. He said the legal action stems from complaints from neighboring businesses.

Kieran claims the work being done by Evan includes “storage or manufacturing processes that potentially involve hazardous conditions,” which violates zoning requirements.

The suit also said despite being provided notice, Evan has failed to correct the violations.

Evan acknowledged he was sent notices in the fall, but said he has since taken care of the problems. 

He also said the containers on his property are dumpsters, and are not used for industrial activity.

Evan said he has continuously worked on improving the property since he bought it back in 2013. He is currently filling part of the property with dirt as part of an effort to extend a parking lot for company trucks, which allows the tenant renting from Evan to have more space for parking.

Evan said that effort has been put on pause until spring because of the weather conditions. 

Kieran told 21 News parking is not allowed on Evan’s property unless the ground is paved, and that an industrial operation is not allowed under the zoning requirements for that area.

Asbestos testing is done on the property, but Evan said it's at levels below EPA standards, and is not a danger to surrounding businesses.

Evan also said he’s heard about the complaints from neighbors. The complaints are about the fence near his property and flooding, but said the fences are not on his responsibility and the flooding concerns are because of the surrounding business’ lack of maintenance.

As for solutions, the suit said a “preliminary injunction is necessary” and that operations are potentially “negatively impacting the health and safety of the community.”

The case will ultimately be decided by a Mahoning County judge.