A newly constructed Walgreens pharmacy will finally open in North Huntingdon tomorrow.

The pharmacy will anchor a new commercial/retail center along Route 30, just west of the Irwin interchange of the Pennsylvania Turnpike.

The project, which includes a Dollar Bank that is under construction and a Jiffy Lube that was relocated in 2008 from the adjacent Norwin Hills Shopping Center, has been plagued by delays due to numerous site plan revisions and litigation.

On Monday, Judge Daniel J. Ackerman of Westmoreland County Common Pleas Court approved a negotiated settlement between Cleveland-based developer WD North Huntingdon Investors and the township.

"The court has granted a temporary occupancy permit to Walgreens and WD Investors in exchange for an agreement by the developer to complete significant road and development improvements secured by bonding," said township Manager John Shepherd.

The developer filed a motion for peremptory judgment against the township and Zoning Officer/Building Inspector Keith Evers on Sept. 21. Mr. Evers had denied issuance of a certificate of occupancy due to numerous "discrepancies."

Mr. Evers claimed the developer had not yet completed the Walgreens parcel at 827 Magill Drive in accordance with submitted building and site plans. The township commissioners never approved the latest revised site plan for the project. Judge Ackerman did during previous litigation.

Records show that the board did approve the revised parking arrangement for Walgreens on April 12, 2007.

Township solicitor Bruce Dice submitted a lengthy list of discrepancies to support Mr. Evers' contention, which the judge considered before issuing his order.

Section 1 of the order directed Mr. Evers to issue a temporary certificate of occupancy upon completion of a fire acceptance test and other water and electrical plans. Mr. Evers confirmed that he did so Monday.

According to Section 2, WD Investors agreed to make reasonable efforts before Nov. 15, with missed-deadline financial security provided for May 30, to widen Norwin Avenue; install south- and northbound turning lanes at Norwin Avenue and Magill Drive; adjust traffic signal timing on Route 30; and modify the curb cut and Dumpster enclosure at Jiffy Lube.

WD also agreed to repair by Nov. 15 the area of Norwin Avenue that it excavated in September without notifying the township.

The township may grant a final occupancy permit for Walgreens after the developer complies with these items.

WD also agreed to complete Magill Drive by June 30, 2011, or before the issuance of a permanent occupancy permit, whichever is earlier.

Plans call for Magill Drive to eventually intersect with a relocated Barnes Lake Road, which would provide access to the proposed Mills Pointe retail center.

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