Friday, April 27, 2012

Is NIZ Law Unconstitutional?

According to The Morning Call, a Duquesne law professor believes the NIZ law might be unconstitutional. The 2009 law establishing the NIZ, defines "City" as any "city of the third class with, on the effective date of this section, a population of at least 106,000 and not more than 107,000, based on the 2000 Federal decennial census."

That could only be Allentown and is considered "special legislation."

Governor Corbett has recently vetoed similarly worded legislation. He nixed a legislative moratorium on countywide reassessments limited to counties of the fourth class, with a population between 185,000 and 210,000 as of the 2010 United States Census.

This could only be Washington County.

Below is the Attorney General's official opinion, which should definitely apply to the NIZ legislation.

12 comments:

Anonymous said...

In addition to claiming that most of tenants will not be from outside the Lehigh valley, Reilly pointed out that the Lehigh Valley Health Network will be bringing new, not existing jobs, when it moves into a wellness center at the arena.

How will he prove this?

Anonymous said...

I'm not sure what article youbread in the call last night but the one I read makes it pretty clear the NIZ is far more likely to hold up than not.

Anonymous said...

Pretty clear and applicable to the special legislation only for ALLENTOWN.

Edwin, in the now famous words, "Allentown, we have a problem."

Anonymous said...

No bonds until:

1. Whether the NIZ is legal;
2. Whether it's ascertained that the City followed the rules of the MPC.

Atiyeh's lawsuit, surprisingly, raises valid questions. Don't discount the lawsuit because of the person filing it.

Anonymous said...

Just for fun.

Obama was a professor of constitutional law and doesn't seem to understand the constitution?

Don't rely on professors for legal opinions.

Anonymous said...

The NIZ and the arena and surrounding development will be good for Allentown and must proceed.

Did the suburbs ever poach business and jobs from Allentown? Turn around is fair game.

We've all been heartsick for how many decades at the condition of downtown Allentown. Now, someone has a bold plan. Let's support it.

Anonymous said...

The law will hold up and the arena will be built. O'Hare will once again strike out and take many with him.

Dave said...

Why would anyone in their right mind move to Atown? Is the King going to hire a security force for the NIZ occupants..build a moat? What in the world did the burb's ever steal from the city without limits? Your arguments are made of tissue paper created by greedy individuals and pols who only want to line their pockets with gold. Some things never change..do they?

Dave said...

The NIZ should be the overwhelming issue in the election cycle ending in November. Where do these people who are running for State office stand on this thing? Anyone who isn't calling for this legislation to be repealed is not going to make it to the show. Is Atown too big to fail that they need our EIT to survive? Smoke and mirrors and a big hole in the ground. A huge boondoggle. Politics at it's worst!

Anonymous said...

To the political classes in the Lehigh Valley the NIZ is their "it thing". However, to everyday folks struggling to get by it is a case of one power group fighting another. Most voters don't give a rats bottom about the NIZ.

They are concerned with jobs and health-care and services.

So bray on all knowing politico types.

Bernie O'Hare said...

Really? There is some evidence to contradict that, and I'll be posting it soon.

Anonymous said...

Checkmate:
In the near future king palumpashitsky and his court jesters will be tightening there spinkter around the golden puck. What a world what a world I'm melting I'm melting.

There are developers that have put more thought into flushing the toilet than allentowns propaganda.

Make it two lanes, put up canopies, tear them down, put planters and brick pavers, sidewalk eaterees. Simple thing is you can shine shit all you want when you are done its just shinny shit?