Judge tosses Sunshine Act suit against Exeter
By Sheena Delaziosdelazio
(Wilkes-Barre) Times-Leader Staff Writer
WILKES-BARRE – A Luzerne County judge this week dismissed a lawsuit filed against Exeter borough and its council that claimed council violated the state Sunshine Act in April during a meeting on zoning issues related to the then-proposed Walmart store.
Judge William Amesbury dismissed the lawsuit and objections to it, stating a second meeting held to “cure the initial defect” upholds the ordinances passed at the meeting, which was “duly advertised and properly attended” on April 30.
The lawsuit was filed on April 21 after council approved two ordinances related to plans to build the 150,000-square-foot store. One ordinance changed the zoning of the site off Wyoming Avenue from light industrial to commercial; the other involved issues such as parking and traffic.
The suit states the council “did intentionally and willfully violate” the Sunshine Act by denying people the right to attend the public meeting at the municipal building.
Several people alleged they couldn’t enter the borough building because the doors were locked once the council chamber capacity of 65 was reached.
“The court finds no willful violation … as the council had reasonable cause to limit access at the April 6, 2010, meeting due to capacity limitations and further moved promptly to remedy the defect by the subsequent April 30, 2010, meeting,” Amesbury wrote.
He said both parties agreed the April 6 meeting was publicly advertised and that council members are protected by legislative immunity.
Amesbury said the plaintiffs are permitted to file an amended complaint within 20 days.
Several meetings about the Walmart plans were previously held at Wyoming Area High School because of the expected crowd.
A week before the meeting, council was asked to move it to a bigger venue because members of Exeter First, a grassroots group opposed to the store, believed there would be a large turnout.
The suit sought to overturn the council’s votes on the two ordinances and payment for all court costs and attorneys fees for the nine plaintiffs involved: George and Marcia Race, Louis and Fedora Rigle, Anthony and Sally Baloga, Francis and Marcella Fountain and Brad Kurlancheek.
(Wilkes-Barre) Times-Leader Staff Writer
WILKES-BARRE – A Luzerne County judge this week dismissed a lawsuit filed against Exeter borough and its council that claimed council violated the state Sunshine Act in April during a meeting on zoning issues related to the then-proposed Walmart store.
Judge William Amesbury dismissed the lawsuit and objections to it, stating a second meeting held to “cure the initial defect” upholds the ordinances passed at the meeting, which was “duly advertised and properly attended” on April 30.
The lawsuit was filed on April 21 after council approved two ordinances related to plans to build the 150,000-square-foot store. One ordinance changed the zoning of the site off Wyoming Avenue from light industrial to commercial; the other involved issues such as parking and traffic.
The suit states the council “did intentionally and willfully violate” the Sunshine Act by denying people the right to attend the public meeting at the municipal building.
Several people alleged they couldn’t enter the borough building because the doors were locked once the council chamber capacity of 65 was reached.
“The court finds no willful violation … as the council had reasonable cause to limit access at the April 6, 2010, meeting due to capacity limitations and further moved promptly to remedy the defect by the subsequent April 30, 2010, meeting,” Amesbury wrote.
He said both parties agreed the April 6 meeting was publicly advertised and that council members are protected by legislative immunity.
Amesbury said the plaintiffs are permitted to file an amended complaint within 20 days.
Several meetings about the Walmart plans were previously held at Wyoming Area High School because of the expected crowd.
A week before the meeting, council was asked to move it to a bigger venue because members of Exeter First, a grassroots group opposed to the store, believed there would be a large turnout.
The suit sought to overturn the council’s votes on the two ordinances and payment for all court costs and attorneys fees for the nine plaintiffs involved: George and Marcia Race, Louis and Fedora Rigle, Anthony and Sally Baloga, Francis and Marcella Fountain and Brad Kurlancheek.
