STANTON : Ex-Mayor Sues City in Zoning Argument

A former mayor and police chief filed suit against the city Monday in Orange County Superior Court, alleging that the City Council has engaged in a “political pay-back” by not forcing a neighbor of his to obey zoning laws.

Edward L. Allen, who served as councilman from 1985 to 1990 and police chief from 1960 to 1965, maintains that council members have allowed Lowell D. (Bud) Heitman to keep equipment for his backhoe business on a neighboring lot despite the fact that the practice violates zoning laws.

According to the suit, Allen owns a home next door to Heitman. Allen says the backhoe business has hurt his property’s value.

Allen said an agreement reached between Heitman and the city in 1989--three years after his original complaint--required Heitman to remove the backhoe and other support buildings from the property by May, 1990. However, the council has since granted Heitman two extensions, Allen said in the lawsuit.

“Every other person or business, the city has made them comply with the zoning ordinances or it took them to court,” said Allen, who is asking for $50,000 in damages. “The only thing I can figure is that it’s a political pay-back.”

Heitman however, said that he no longer parks his backhoe on the one-acre lot on Bever Place and that he is in compliance with zoning ordinances. He said he does not understand why Allen filed the suit.

Meanwhile, he accused Allen of violating conflict-of-interest laws when he was on the council.

“It is my understanding that when he was on the council, he voted that the city should go after me,” Heitman said. “That’s a conflict of interest.”