Current Conditions
76°F - SUNNY
Battle over city project moves to courtroom
Developers want to quiet commissioners
Intelligencer Journal
Jul 13, 2006 08:23 EST
By Dave Pidgeon, Staff

The complete text of this article is no longer available online.

Recent Posts
TalkBack comments about this article
Comment on this article
QUOTE
The developers want Judge Joseph Madenspacher to impose a temporary injunction on the commissioners that would prevent them from taking action -- including talking publicly about it -- against the project until the lawsuit is settled.

The commissioners' attorney, Howard Kelin, countered by saying crucial financial contracts keeping the project alive are invalid and that the developers have no legal standing to ask for a "gag order" on the commissioners.

"We don't think that's a proper use of this court system," Kelin said.
So the courts get to decide which has more power: a board of ELECTED officials who are accountable to the voters, or an "authority" of APPOINTED individuals who are accountable to no one?

More than a dozen previous court rulings cited by Howard Kelin in his legal brief would indicate that elected officials who currently hold office can make laws as they see fit.

I can promise you this: if the LCCCA/PSP/RACL ultimately wins in court, ANY appointed government agency in Pennsylvania will use this case as an excuse to do anything they want with taxpayer dollars. Taxpayers like us will literally be pillaged, without legal recourse.
Artie See
I am sorry I missed it. I understand Hixson was like "a deer in the headlights". He has certainly proved effective as Nevin's lackey; however, on his own, he showed that he cannot handle a simple cross-examination, let alone control a project in excess of $100 million. I guess that is why he has to pay consultants to wipe his nose.
I encourage EVERONE to read the County's response to this suit posted on the County website. Howard Kelin has earned his keep laying out wondeful agruments in defense of OUR commissioners and showing not only have Dick and Molly been right, that Paul Thibault et. al. have committed a FRAUD against this County.

Enlightened
I just want to say that the attempt to silence political speech, especially that of an office holder is absolutely appalling. Period. This is one of those moments in time that you want to remember so you can tell your grandkids that, yeah, I remember when they actually tried that in Lancaster's courts. No, not in the last century, in THIS century.
Even if you've recently emigrated from another country or you're encased in a pop culture bubble and therefore don't understand the first problem, you've got to admit that the cost overruns came before the attempt to kill the project. The overruns are precisely what caused Shellenberger and Henderson to cease supporting and commence opposition to the hotel/convention center. Imagine being in charge of balancing the county budget and having one of the entities who spend money tell you that you can't even comment on their project or the management thereof. Not just tell you; They have the gall to sue you in court and force you to sit by silently.
I can't wait to hear what Shaub has to say in court. This will be good because he supports the hotel/CC and himself as chairman of the commissioners so he'll want to make life difficult for Shellenberger and Henderson because he isn't the chairman. Yet he himself is a commissioner so he would also be silenced. Unless the lawsuit seeks a gag order on only negative references to it. In that case Shaub really wouldn't be affected by it.

Nativeson
Top Ads