Dear Indian Lake Residents
On August 20, 2010 the Mayor published his Quarterly Newsletter. In that letter he asked area residents to send a strong message to Borough Council Members letting them know that enough Borough Tax Dollars have been wasted on defending frivolous law suits against Indian Lake Borough and St.Clair Resort Development. To date, close to $100,000 of Borough money has been spent which represents nearly 2.5 mils of tax revenue.
If you have been following my Blog (http://paulindianlake.blogspot.com), you have been seeing many references to these various actions, and I have published, with the authors' permission, many of the emails sent to the Council to date. Those emails published, plus all others sent to Council, have been 100% in favor of St. Clair Resort Developments and the Lodge, and totally against the deluge of legal actions taken by a few.
So that you might better understand the sheer volume of the complaints and litigation filed by these individuals, I have compiled (to the best of my knowledge) the attached list of complaints to administrative agencies as well as a synopsis of each piece of litigation. You will note that litigation and/or appeals continue to be filed by Mr. Lyons, Mr. Rohric and Mrs. Takacs, the most recent being July of this year.
The Mayor has stated that at the next Borough Council meeting he will ask Borough Council to approve a resolution strongly opposing the litigation efforts of these individuals as contrary to the interests of the Borough. I hope that you will take the time to send an e-mail to the members of Council urging them to strongly support this resolution (council@indianlakepa.us). While it will have no legal effect, maybe with a strong showing of opposition to their efforts, those individuals responsible for all of this litigation will reconsider what they are doing so that the Borough need not waste our limited tax revenue on what is so obviously frivolous litigation.
If you review the attached list you should note two things. First is a singular focus on anything that is related to the St. Clair Developments and to the exclusion of similar issues elsewhere in the Borough. Second, from the results, you will note that not a single challenge has been found to have merit. For those not keeping up with what is going on, I hope this information is an eye opener. If you are tired of these few individuals wasting your tax dollars, I strongly urge you to take the time to e-mail Council at: council@indianlakepa.us. You can also view the Mayors Quarterly Newsletter on the Borough’s website: www.indianlakepa.us.
Thank you very much for your time and your attention. With your help we can send a message to those bringing this litigation that it is time to move on.
Sincerely,
Paul M. Cornez
Indian Lake Council
Complaints to Administrative Agencies
Challenged the number of Sewer Taps available for Development with DEP. Result, DEP upheld its initial determination.
Numerous frivolous complaints to Somerset County Soil & Conservation District regarding Erosion and Sediment Controls. Result, no violations.
Anonymous complaint filed with the Pa State Ethics Commission. Result, no finding of any ethical misconduct by Mr. St. Clair or any member of Council.
2 anonymous complaints filed with Labor and Industry regarding the Indian Lake Resort. Result, after submission of plans for construction that occurred prior to purchase by St. Clair, occupancy permits issued.
2 additional anonymous complaints filed with Labor and Industry regarding the Newly Remodeled Arrowhead Condominium Building. Result, After minor modification, occupancy permits issued.
2 anonymous complaints filed with Labor and Industry regarding the new Kickapoo Lakeside Townhouses. Result, Investigation revealed that all inspections were performed and occupancy permits properly issued.
Another formal complaint filed with Labor and Industry regarding the new Kickapoo Lakeside Townhouses, signed by Jim Lyons. Result. No violations.
Additional formal complaint filed with Labor and Industry regarding Indian Lake Resort signed by Jim Lyons. Result. No violations.
Additional formal complaint with Labor and Industry regarding the new Arrowhead Condominium Building signed by Jim Lyons. Result. No violations.
Filed Formal Complaint with the Governor’s Office regarding Indian Lake Resort. Result, This was handed down to Labor and Industry. As noted above, current occupancy permit issued.
Filed Formal Complaint with the Governor’s Office regarding Arrowhead Condominiums. Result, This was handed down to Labor and Industry. As noted above, current occupancy permit issued.
Filed Formal Complaint with the Governor’s Office regarding Kickapoo Lakeside Townhouses. Result, This was handed down to Labor and Industry. As noted above, all inspections performed and occupancy permits properly issued.
Over 30 phone calls made to Somerset County Building Inspections to complain about perceived Building Code Violations at Indian Lake Lodge, Arrowhead Condominiums and Kickapoo Lakeside Townhouses. Result, as noted above, all inspections were performed and occupancy permits properly issued.
Filed formal complaint to Labor and Industry about Somerset County Building Inspections. Result, Investigation by Labor and Industry revealed no violations by SCBI.
Law Suits / Legal Challenges
5/11/2007 #50442 James Lyons vs Indian Lake Borough – Mandamus Action challenging issuance of permit for Tunica Townhouses. Result, Issuance of permit upheld by Somerset County Court of Common Pleas.
5/25/2007 #50859 Jeffrey Griffith vs Indian Lake Borough / Planning Commission – Challenge to dismissal of Mr. Griffith for non-feasance in attempt to secure additional vote against adoption of Ordinance 144. Result, Appeal withdrawn.
6/07/2007 #50515 Mary Jo Takacs vs Indian Lake Borough - Appealed Tunica Townhouse Building Permit. Result, Issuance of permit upheld by ZHB and upheld by Somerset Court of Common Pleas.
7/26/2007 #50681 Mary Jo Takacs, James Lyons vs Indian Lake Zoning Hearing Board. Appeal of Zoning Ordinance 144, Petition for contempt, Motion to disqualify Borough Solicitor. Result; Petition for contempt dismissed, Motion to disqualify solicitor denied and Ordinance 144 upheld as valid enactment. Takacs/Lyons’ arguments found to be without merit.
9/07/2007 #50860 Jack Butler, James Lyons, Mary Jo Takacs vs. Indian Lake Borough. Appeal of issuance of Boat Dock Easement. Result; Issue remanded to Council for additional vote on grant of easement. Council affirmed prior vote and Court affirmed grant of easement.
10/05/2007 Mary Jo Takacs – Appeal of Waccamaw Building Permit to Indian Lake Zoning Hearing Board. Result, ZHB Upheld issuance of permit.
11/27/2007 Martincsak, McClatchy, Perl - Petitioned Somerset County Board of Elections to open Ballot Box and Recount Votes in attempt to influence election results. Result, Somerset County Court of Common Pleas denies Petition to open Ballot Box and Recount Votes.
12/14/2007 #51202 Mary Jo Takacs, James Lyons vs Indian Lake Borough. Appeal of Borough Council’s approval of minor revision to Development Plan (Land use Appeal). Result, Somerset County Court of Common Pleas dismissed complaint.
12/14/2007 #51203 Mary Jo Takacs, James Lyons vs Indian Lake Borough. Challenge to Sewer Tap Agreement between Borough and St. Clair Resort Development. Result, Somerset County Court of Common Pleas dismissed complaint.
12/27/2007 #51243 Mary Jo Takacs, James Lyons vs Indian Lake Zoning Hearing Board. Result, Somerset County Court of Common Pleas sustained the decision of the Zoning Officer.
3/28/2008 #50294 Mary Jo Takacs, James Lyons vs Indian Lake Borough Zoning Hearing Board. Motion for Stay Regarding Ordinance 144. Result; Granted pending decision of ZHB. ZHB ultimately upheld the Zoning Ordinance and Stay automatically lifted.
5/23/2008 #50481 Mary Jo Takacs vs Indian Lake Boro Zoning Hearing Board / St.Clair Resort Development. Appealed Notice of Land Use Appeal and since appealed Common Pleas Judge’s ruling to Pa. Commonwealth Court. Status: Pending.
6/12/2009 Mary Jo Takacs, James Lyons - Appealed DEP issuance of boat dock permit. Status: Pending. However Pa. Environmental Law Judge denied Takacs / Lyons Petition for Supersedeas relief.
10/09/2009 #51122 Mary Jo Takacs vs Indian Lake Borough. Appealed Boat Dock Easement to Pa. Commonwealth Court. Status: Pending. Today, September 3, 2010 their attorney, Robert Ging, filed a 26 page 'brief' with the court, reading it is enough to make me ill.
12/29/2009 Mary Jo Takacs, James Lyons - Appealed Common Pleas Judge’s ruling on Boat Dock Appeal to Pa. Commonwealth Court. . Status: Pending.
12/29/2009 Mary Jo Takacs - Appealed Common Pleas Judge’s ruling on Waccamaw Building Permit Appeal to Pa. Commonwealth Court. Status: Pending. Motion filed by St. Clair for posting of bond to sustain appeal. Common Pleas Judge Ordered Takacs to post a $380,000 Bond to sustain appeal regarding Waccamaw Building Permit. Takacs failed to do so and on 3/15/2010, Common Pleas Judge issued Rule 1925 Order to Takacs (Takacs held in Contempt of Court for failure to post necessary Bond).
2/05/2010 Mary Jo Takacs, James Lyons - Appealed Common Pleas Judge’s Ruling on Ordinance 144 to Pa. Commonwealth Court. Status: Pending.
3/11/2010 Mary Jo Takacs - Appealed Common Pleas Judge’s Order to Post Bond onto Pa. Commonwealth Court. Status, Pending.
6/14/2010 #099-L James Lyons, Mary Jo Takacs vs Commonwealth of Pa & St.Clair Resort Development. Petition for Supersedeas on DEP’s issuance of Boat Dock Permit to compel removal of docks. Result; After a three day hearing pertaining to underlying issue of whether DEP properly issued the boat dock permit, Pa. Environmental Law Judge denied Takacs / Lyon’s Petition for Supersedeas relief.
7/13/2010 David Rohrich - Presented Formal Complaint to DEP regarding St.Clair Resort Development’s NPDES Permit. Result; No violations issued and based on testimony in DEP boat dock matter, no violations have ever occurred and St. Clair is in full compliance.
7/13/2010 David Rohrich - Presented Formal Complaint to Somerset County Soil and Conservation District regarding St.Clair Resort Development’s NPDES Permit. Result; No violations issued and based on testimony in DEP boat dock matter, no violations have ever occurred and St. Clair is in full compliance.
7/15/2010 #648 Mary Jo Takacs vs. Somerset County Planning Commission. Appealed Planning Commission Approval of Phase 2 of Subdivision Plan for Kickapoo Townhouse Development. Status; Pending.
No comments:
Post a Comment