Friday, April 20, 2012

Atiyeh Files NIZ Challenge

Bethlehem Township developer Abe Atiyeh has joined the chorus of NIZ litigants, according to a story broken by Express Times' Colin McEvoy.

In a two-count Complaint filed today, Atiyeh has asked the Commonwealth Court to set aside "special" legislation designed to benefit Allentown at the expense of other municipalities, increasing his own tax burden.

Atiyeh, like Bethlehem and Hanover Townships, argues that the legislative framework for the NIZ is unconstitutional for two reasons.

First, it violates a constitutional prohibition of "special" legislation, laws that give favorable treatment to one municipality at the expense of everyone else. A NIZ can only be establish is a city of the third class with "a population of at least ├«06,000 and not more than 107,000, based upon the 2000 Federal decennial census.” Only Allentown that description. And it's a closed class that can never include any other municipality.

Second, the NIZ legislation violates the Uniformity Clause. It fails to identify who is being taxed and at what rate. It instead systematically and deliberately diverts EIT revenues due to other municipalities, even though those funds are "critical to performing their legislative functions."

In addition to seeking a declaratory judgment that the NIZ legislation is unconstitutional,Atiyeh is asking for injunctive relief against a project that "could have disastrous consequences on local municipalities.

The suit, filed by Doylestown Attorney John VanLuvanee, names the Commonwealth, Governor, Department of Revenue, Attorney General, Auditor General and State Treasurer as Defendants.

A copy is below.

23 comments:

zoid said...

As much as I am not an Abe fan, I am with him on this one!!

Anonymous said...

Abe just put a canon shot through City Hall.

Anonymous said...

Bernie how do you get the Commonwealth Court .pdfs?

Anonymous said...

This guy is a lousy developer and a poor business man. Its amazing he has done as well as he has so far.

Anonymous said...

Wrong, Abe just put a Cannon Shot through CORBETT...the suit is filed against the State and CORBETT.

They are the ones that initiated the NIZ.

Anonymous said...

GO ABE GO!!!!!!
I have a great deal of respect for you for standing up for what is right.

JM

Anonymous said...

We all could do what he has done, if we all kept (3) sets of Books!!

Anonymous said...

go for it Abe

Anonymous said...

Thanks Jeannie

Anonymous said...

What is Atiyeh's motivation?

Bernie O'Hare said...

He, like other developers, is concerned that local real estate taes in the LV will go up as property values decline. He is the first of them to sue. I suspect there may be others.

Bill Coker said...

Although Abe's proposed projects aren't exactly my cup of tea, he's got my backing on this lawsuit.

This whole project has been a fiasco since the onset and I hope the mayor and the 2 or 3 potential developer profit makers end up losing their asses.

Anonymous said...

3:14 you have no clue what makes a good or bad developer. You probably never had to invest a dime of your own money in anything. You probably work a 9 to 4 job expect full benefits and moan and groan about how little you are paid. Abe look at issues affecting our society where government once had programs but now has cut them. He then determines if he could make a buck filling that need. Maybe you think JB is a good developer. Again I ask----- please Berni look into this---- how many lawsuits are filed against Abe and how many lawsuits are filed against JB and Traditions of America. Oh but don't touch the pretty boy. jB. Abe fills in where the government left off with helping the society. His elderly facilities are well run just like anything or any project he takes on.
Abe could say, let the townships and surrounding municipalities fend for themselves. He doesn't. Show me another developer standing up to this alone---- Pector, Frederick, Hornstein, Roma or as a group of developers - nope they haven't banded together yet but Abe steps up to the plate. I give him credit for that.
So he wanted a treatment center in a church where they have been treating patients for years or a prison tucked way in the back of BT in an industrial zone. I get so tired hearing about everyone bashing him. JB must have at least 15 suits against him for construction issues with the homes he has built. Abe none. Go figure.

Anonymous said...

Hey Bernie we want to hear what the other state reps said about the NIZ. Nobody else had the guts to offer an opinion?

Anonymous said...

The other developers in the Valley need to file suit ASAP to stop the NIZ from happening.

Worse case is they settle with Hanover and Bethlehem Township it becomes clear sailing. Pektor, Ronca and the rest need to take the next shot at Mr. Ed quickly.

Bernie O'Hare said...

10:4, Having sent it out on Thursday, I don't want to bash those who have not responded. I will give them a little more time and post the responses over the next week and very publicly call attention to those who refuse to answer.

Anonymous said...

I agree 100% with ABE somebody has to stop these people.

Bernie O'Hare said...

8:56, I don't have to research it because I've done it many times. I've had to search Atiyeh at least once every year over different properties in which he's been involved. There is virtually no suits at all against him, and I have never seen one challenging the quality of his work. That's just the way it is. I've never checked out Reilly that I can remember, and will do so next week. Maybe a little comparison.

Anonymous said...

Is the compromise that has been tabled good for all municipalities or just the ones that have committed to sue?

Are the terms consistent for all municipalities or does Bethlehem Township and Hanover hae better terms?

Anonymous said...

Atiyeh does the bare minimum on all of his . It shows.

Anonymous said...

... "all his projects."

Bernie O'Hare said...

I can understand an anonymous attack calling Abe a wheeler dealer or criticizing him for his multiple rehab projects or his wife's candidacy. That's all fair game. But when you attack the actual quality of is work, you really should identify yourself. Your failure to do that says more about you than him.

Anonymous said...

5:50. Reply. Thank you. My name doesn't matter. Just my point. In a blog like this anyone's name isn't important to me just the differing opinions is what I enjoy and the different mindsets people have