Dick Shelley is still looking for the reversal of an ordinance he claims has excluded nearly all the uses of his business rental property at 117-119 Tyrone Road. Shelley’s request was heard at Tyrone Planning Commission’s March 13 work session. The request asks for the re-instatement of 14 permitted uses in the C-2 zoning district that were excluded by the adoption of Ordinance 454 in 2004.

“The 14 uses for the property were permitted before but were later excluded from the table of uses. Ordinance 454 changed or eliminated about all my uses,” Shelley said, adding that the new uses are primarily retail in nature. And due to the structural nature of the metal buildings on the property it does not accommodate most retail operations, he said, and therefore impedes his ability to lease the spaces.

After significant discussion by the commission, town attorney Dennis Davenport reminded them that Shelley has a lawsuit against the town, adding that, “the question tonight is, do you want to add the 14 uses he’s requesting.”

Shelley filed suit against the town in July 2007, seeking $2.3 million in damages over loss of business and claiming abuse of discretion by the town and unreasonable government interference. The suit maintained that the 2004 council zoning decision to remove the permitted uses in C-2 is unlawful as was a subsequent refusal to re-issue a business license to a 18-year tenant on Shelley’s property. The suit also claims civil conspiracy intended to eliminate all lawful businesses and property uses in the downtown area through re-development efforts.

Shelley’s request on the text amendment will be considered at the commission’s March 27 regular session.

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