Monday, March 28, 2011

Commonwealth Court to Hear Gracedale Challenge April 6

Of the two Gracedale initiative challenges, my challenge is weaker. Although I am very concerned about pervasive election fraud, I am asking an appellate court to overturn a judge on findings of fact.

That's rare.

But the County's challenge, relating as it does to an interpretation of the Home Rule Charter, is a pure question of law. And it appears that the Commonwealth Court has noticed. In a per curiam order today, it has listed the case for "submission on briefs before the court sitting en banc on 4/6/2011, Pittsburgh, PA."

28 comments:

Anonymous said...

Bernie, I suppose these Judges like Judge Baratta don't know what they are doing ?

BUCKS BARRISTER said...

Bill Hansell, one of the Home Rule Charter Framers says that the question should be on the ballot and does not understand what the fuss is all about.

Read full article:
http://www.mcall.com/news/local/easton/mc-northampton-county-gracedale-refer20110325,0,7729830.story

BUCKS BARRISTER said...

BERNIE
I HAVE TO AGREE WITH YOUR ANALYSIS
YOUR PAL
LARRY

Anonymous said...

i wonde where the missing tapes got to....

Anonymous said...

... the black ops helicopter took them away. Nixon lives!

Anonymous said...

very, very, strange

Anonymous said...

turns out ron angle took contributions from eckert seamans and we're to believe nothing shady went on here.

Anonymous said...

Someone told me that Bill Hansell helped write the constitution. Is that true?

Anonymous said...

yes..

Bernie O'Hare said...

Anon 12:42,

Although I completely disagree with Judge Baratta's analysis and explain why in my appeal, I never for a moment claimed he does not know what he is doing. In fact, he impressed me. And I do believe my case is the weaker of the two cases for the reasons I stated.

Bernie O'Hare said...

Bucks Barrister,

Bill Hansell is NOT one of the HRC framers. He was a paid consultant. He wrote NOTHING at the time to indicate that an issue like this should be decided by the voters. But the express words of the instrument he did not write makes very clear that "the power of initiative and referendum shall not extend to the budget."

Bernie O'Hare said...

1:29,

Let's see. The HRC was drafted in '76, and that's when all those meetings were conducted. After that time, they eventually ended up in archives. When archives was torn down, they were taken to some warehouse in Allentown. We're now talking 35 years. I imagine that more than some of the tapes are missing. But I realize you folks need to make yet another insinuation of criminal behavior. I notice you won't ID yourself.

Anonymous said...

so now hansell is a liar ? comon already !

Anonymous said...

you complain about election fraud but everything else about this case between you ,angle and eckert seamans is fraudulent.

Bernie O'Hare said...

I have not called Bill Hansell a liar and would not do that. He is a very sincere person. But contrary to the headline, he was NOT an author of the HRC. He was, in fact, a paid consultant who presented drafters with different model versions.

His opinion about the drafters' intent would mean more to me if there was anything in those five boxes that corroborates what he is saying now. In the limited time that I spent looking thru that material, I saw nothing that sheds any light on that provision at that time.

Instead of Hansell, I'd be more interested in what the actual authors thought. I think it is most likely that this topic was never discussed.

Anonymous said...

Hansell should keep his nose out of Northampton County`s business. He has enough to worry about with a 16 per cent increase in property taxes in Lehigh County.

Anonymous said...

People of Northampton County hold on to your wallets taxes are going to increase if Gracedale is sold or not.

Anonymous said...

Absolutely love Truth Be Told! They are dead on with all comments. Keep them coming!

dj

Bernie O'Hare said...

Unsubstantiated and anonymous accusations of criminal behavior will be deleted.

Anonymous said...

Hey Bucks Barrister
Could you honor us with your opinion, as to, the Hansell position as it affects the case. Would it have been helpful to have him testify? Or comment on anything else you feel is prudent in his regard. I am tired of getting quasi, slanted legal views from out host, and wish so very much for honest commentary.
Thank you.

Anonymous said...
This comment has been removed by a blog administrator.
Bernie O'Hare said...

If you can't post a comment without resorting to anonymous name calling, you will be deleted at my discretion.

Anonymous said...

will there be oral arguments?

Anonymous said...

"Submission on briefs" usualy means that the party appealing will lose. Not always. Usually.

Bernie O'Hare said...

I agree. That changes in an election case, where the Court lacks the time for all the niceties. Also, this case was going to go to a panel of three judges, but now it is going to the Court en banc. That's always an indication that a court considers the issues of paramount importance.

Bernie O'Hare said...

1:32, Not to my knowledge, but the en banc court may want to entertain a brief oral argument.

Anonymous said...

Good then maybe Hansell could be called to testify that you are all out of order.

Anonymous said...

The judge must recuse himself. Semans and Eckert has a brother who is the judge.

It is necessary to get an impartial judge.