A new Casey’s gas station and convenience store again has the green light from the city of Mishawaka.
The Mishawaka Common Council Monday night overrode Mayor Dave Wood’s veto of their vote earlier this month to allow the new station northeast of Fir and Douglas roads.
Wood and his staff feel the new location would be too close to the city’s nearby wellfield. Wood had cited the case years ago of how a nearby gas station’s leaky underground tanks contaminated a city wellfield on the south side, under what is now Baker Park on Byrkit Avenue. The city received $8 million in a lawsuit from the gas station property owner but had to close the wellfield.
But council members who supported the new Casey’s say underground storage tank technology has improved since then. On July 3, two days after the council voted 6-3 for the rezoning over Wood’s objection, council attorney Mike Trippel sent them a letter stating his legal opinion that a 1985 Indiana law says a mayor can’t veto council votes on zoning issues.
After Trippel Monday night said he still holds that opinion, the council voted 9-0 to override the veto.
