Township awarded more than $275k in Spencer ruling

Cranberry Township resident Randy Spencer has been ordered to pay the township more than $275,000 for code violations on five properties he owns in the township.

A court order that outlines the settlement details was handed down by Thomas Kistler, who is serving as a senior judge in Venango County.

Spencer has 30 days from Kistler’s March 14 ruling to appeal the judge’s decision.

In July 2019, flash flooding of Lower Two Mile Run wreaked havoc along Deep Hollow Road near the intersection with Route 322, flooding the roadway and washing debris, including vehicles owned by Spencer, into the creek and the Allegheny River.

Spencer has faced a string of litigation since that time, including action taken against him by Cranberry Township, the Department of Environmental Protection and PennDOT. Charges were also filed against Spencer by the state Fish and Boat Commission.

A DEP case against Spencer was settled last August when it was determined Spencer was found to be in compliance with orders handed down by the state Commonwealth Court.

Meanwhile, the township has also been working through litigation to have Spencer clean up his properties.

Kistler says in his order last month, which awarded the township $277,500 as of March 14, the “defendant’s assertions that he is attempting to cure at this late date are without credibility.

No cars have been moved, and the only filing to possibly satisfy the township was attempted on the last business day before the trial.”

The court order lays out how the amount of the fine was reached.

The document states that district judge Patrick Lowrey awarded the township $12,331.25 on Sept. 10, 2021. Spencer appealed that settlement, and the appeal was heard by Kistler.

Kistler’s order explains that according to law, the penalty is $500 per day per violation. The order further states that Spencer continued in violation of the zoning code for 185 days from Sept. 10, 2021, to March 14, 2022.

Spencer was found to be in violation in three cases the township brought against him on five properties he owns.

In each case, Spencer was fined $92,500, an amount applied to all three cases that adds up to $277,500 as of the March 14 date when the order was handed down.

Kistler’s order further says “this obligation of $500 per case, per day, shall continue to accrue, until the balance is paid.”

Daniel Conlon, who is the special counsel for Cranberry Township, said “this is one of the highest awards in Pennsylvania that I am aware of as it relates to zoning fines.”

Timothy D. McNair, who is Spencer’s attorney, could not be reached for comment.

“I really hope this is the beginning of the end,” said Cranberry Township supervisor Matt McSparen. “It has been a long, drawn out process for the township and for Randy Spencer as well.”