Recently there have been several legal rulings in the favor of Indian Lake Borough and St. Clair Development, LLC, referred to below as defendants.
In three cases where the local court ruled in favor of defendants, and said rulings were subsequently upheld by the Commonwealth Court of Appeals; the request by the attorney Robert Ging, representing Jim Lyons and Mary Jo Takacs, that the Commonwealth Court of Appeals reconsider their decisions, were all dismissed.
All pending legal challenges against the Borough's Zoning Ordinance (#144) have been settled in the Borough's favor.
Just this week, the Commonwealth Environmental Hearing Board dismissed the suit brought by attorney Ging in behalf of Lyons and Takacs against the Department of Environmental Protection in approving St. Clair Development's floating docks.
The only ruling I know of against the defendants was for a violation “of the spirit of the Sun Shine Act”, the Borough was given 60 days to revote on the matter, which Borough Council did at its next meeting, with the same results. There is one other lawsuit that was sent back by the Commonwealth Court related to this. It concerns a request to buy an easement in front of someone else's property, in this case St. Clair's property. This is just plain silly and I doubt it could go anywhere.
The only action that I know is still pending is the suit against the Somerset Planning Commission for their decision in approving St. Clair Development's plans. Fortunately for the defendants, this suit is being defended by said Planning Commission without any direct involvement by the defendants.
This is all good news, great news. One can hope that those that have been filing these frivolous law suits, and those that have been paying for them, have learned a few lessons, and we, the citizens of Indian Lake can return to living in a quiet, beautiful, mountain community.
Friday, April 1, 2011
Subscribe to:
Post Comments (Atom)

No comments:
Post a Comment