Monthly Archives: February 2012

Constitutionality of Senate Bill 1151

On Monday, February 27th, Federal Judge John Jones held a telephone conference to discuss Plaintiffs Nevin Mindlin, Eric Jenkins, and Rev. Earl Harris’ request for a Temporary Restraining Order against Harrisburg’s Receiver David Unkovic.

Counsel on the call included Plaintiff’s attorney, Paul Rossi and attorney Sean Kirkpatrick on behalf of the Governor and the Receiver. Also permitted to hear the call were Neil Grover, Esquire of Debt Watch Harrisburg (a taxpayers advocacy group) and Devin Chwastyk, Esquire of McNees, Wallace, & Nurrick, the firm representing Dauphin County in these matters.

Letter from Neil A. Grover, Esquire to Judge Jones 02-27-12

Judge Jones denied the Plaintiffs’ request; however, the Judge did schedule an Injunction Hearing for March 21st and 22nd in order to hear the Plaintiffs’ arguments of the unconstitutionality of Senate Bill 1151.

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Motion for Temporary Restraining Order-Preliminary Injunction To Stop Sale of Assets Filed in Federal Court

Motion for a Temporary Restraining Order or Preliminary Injunction was filed today in a pending federal lawsuit that claims that Pennsylvania’s Harrisburg Takeover Law is unconstitutional.  The Motion seeks an emergency hearing and an Order to stop Governor Corbett and the Receiver from implementing a Plan under the Takeover Law passed last Fall.

The Motion advises the federal court that voters in Harrisburg will be irreparably harmed if the Receiver is allowed to exercise authority to sell assets and take other actions without the consent and formal action of Harrisburg’s elected representatives.  U.S. District Court Judge Jones is assigned the case.  His office will likely first jointly confer with the lawyers for citizens making these claims, as well as the lawyers for the Governor and Receiver.  If an Emergency Hearing is scheduled, it may impact the State Court Hearing next week on whether to approve the Receiver’s Recovery Plan.

Stay tuned.  We expect many developments in coming days.