Last night at the Hanover Township’s Board of Supervisors meeting our Solicitor was authorized to research the legality of the NIZ legislation to see if it violates the State Constitution. Depending on what he finds, Hanover may consider filling a court action in regards to the constitutionality of the NIZ. Do you believe your municipality or school district would consider joining in the action and would your entity consider assisting in the costs? One mechanism to allocate the cost is by the weighted vote percentages?This is a fine example of regionalism, but perhaps not the kind of regionalism contemplated by Allentown Mayor Ed Pawlowski.
Time is of the essence as the legal action would need to be taken prior to the bond sale in fairness to the process.
Thoughts?
Thursday, March 01, 2012
Hanover Reaches Out to LV Municipalities Over Allentown Tax Grab
Yesterday, I told you that Hanover Township has authorized Solicitor Jim Broughal to research the legality of the EIT tax grab provisions in the NIZ legislation created specifically for Allentown. Township Manager Jay Finnigan was one step ahead of me, and has reached out to other LV municipalities to see if there is any interest in pursuing litigation. Here's a copy of his email.
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20 comments:
Perhaps the township should actually research the issue before sending out such a silly e-mail.
No wonder the NIZ was a surprise to these folks. They don't do their homeowrk!
A really bad investment in legal expense.
First, it is a state law that created this, not Allentown. So you have to sue the state. Good luck.
Second, in total the amount is not that large. No individual municipality could justify the legal expense on what they perceive to be losing.
Third, there is talk of the state amending the EIT portion of the NIZfunding.
Someone needs to get over the hissy fit over a messy piece of legislation and press to amend it. Legal fees are going to be outragious and the payback minimal.
The comments that municipalities don't do their homework is interesting. Don't know how this would have been picked up. But, that said, the sorry cast of characters in local governments is the real issue.Good candidates avoid these positions over the grief they get.
Last commenter has a good point. The cost of litigation would certainly cost more than the amount the townships stand to lose to the EIT.
This isn't regionalism, it's parochialism at its worst. A regionalist view would see a strong core city economy as an unambiguous benefit to the suburbs. The parochial view is that it's more important to stop the minor negative impact on township *government budgets* than to have a stronger regional economy.
Geeting and his ilk continue to miss the point here. We were lied to and we are pissed.
If this is regionalism we don't want it and Allentown can rot.
... Depending on what he finds, Hanover may consider filling a court action in regards to the constitutionality of the NIZ. Do you believe your municipality or school district would consider joining...
It might be agood idea to wait and see what your solicitor finds out so you can take your own position before asking others to come on board.
Retired ASD teacher here.
The real question for EVERYONE statewide is "Do you believe the N.I.Z. concept is bad legislation?"
I do, and here's why.
A precedent has now been set for ANY municipality to capitalize on a similar plan. This plan was written to preclude anyone but Allentown, but adapting this for others is now much easier.
Your community of residence might one day be tapped to pay for a similar "revival" in, say, Pottstown or Hazleton.
This is an entire NEW method of taxation that can be exercised without community citizen input. Funds taken from their intended purpose simply because someone, somewhere else, thinks it's of greater benefit to EVERYONE.
Think of a possible ballot question in a community like Hanover Township.
"Do you agree to have 1% of your township tax paid to support the building of an amusement center in Allentown?"
For every thousand voters, I'd predict 900 would vote NO.
We must not let new schemes like this take root. I hope numerous area municipalities join in this suit.
Here is something I learned in law school. As soon as you make a constitutional claim, you have already lost.
So, I guess what you are saying, Anon 12:41, is that you are cool with paying for the Palace of Sport.
Not shocked.
Sue me.
Man, Hanover Twp needs to get over itself. You are irrelevant in the grand scheme. A nice place for a Wegmans and hideous tract housing and that's about it.
Question that comes to my mind.
What if one of the township's, say Bethlehem Township decide to court a professional sports team. With the logic that it will draw more people to their township, enable them to fully develop a 130 acre tract of farmland(which would not displace any existing businesses) This new 130 acre village of entertainment, would also have multiple hotels, restaurants shopping etc. in a safe low-crime area. They estimate that it will generate over 3000 new jobs and will provide a $90,000,000 boost to the economy of the Lehigh Valley(of which they are part) They promise future employment to a senator's wife to coerce her husband to pass a Bethlehem Township NIZ. Do you think that allentown and Mayor P. would be crying foul?
regardless of all the issues you have to give finnigan and hanover a thumbs up for their efforts. the other communities are silent or just throwing words around.
Bethlehem can be excused from all of this as they are already lost and wandering in the desert. First of all they failed to pay hanover the eit money owed to them. then they admitted openly that they don't know how much money they have in the bank. Now they can't even elect a controller.
These idiots we have elected all over the valley are making pawolouski look pretty good.
Geeting still cannot define what a Core Community is yet he evokes the term so often.
Hanover is lining their ducks up early in the process. Finnigan is one of the leaders among his peers. Progressive, creative and imaginative.
I think the ground swell of support for their initiative will surprize even Senator Browne.
If they are looking to take EIT out, they're smart. Eliminate the problem and move on.
"...As soon as you make a constitutional claim, you have already lost.
12:41 PM"
Unless you're a woman looking to off your unborn child.
-Clem
Did Township officials read this legislation or not? 9:37 has a good point. Amend the legislation. Maybe area officials would support this plan.
I believe that it is unlawful to write a law that favors one municipality over others in the state. However, I think the language authorizing the NIZ mentions that any municipality within a certain population range (from the previous census) qualifies.
Surprisingly, only Allentown falls into that population range. I would hope the municipalities fight this on that point.
In my mind, it was the equivalent of authorizing the NIZ for all municipalities that begin with an 'A', end with a 'N', and have an 'LLENTOW' in the middle.
Anonymous 8:28,
You must be Finnigan because I can tell you other municipalities do not consider him a leader among his peers. He just has a personal issue with Browne and that's all his squawking is about.
Allentown is the third largest city in PA. All the squawking and posturing is incredibly quaint. We call ourselves the "Lehigh Valley" when its convenient (see IronPigs) but abandon the population centers when it is not. Shameful.
Why don't the townships lobby the legislative gang for their own NIZ?
Every municipality carves out some area for neighborhood improvement. Why wouldn't Easton want a NIZ?
Then we can call it the Lehigh Valley NIZ.
Browne has to be one of the more naive legislators we've had in these parts. He had to know that by being "the man" to push this through for Allentown, that he was providing all the other poorly run cities in the Commonwealth from Oil City to Scranton to whatever is left of Pottsville to lobby for their own NIZ. Guys like Dave Argall will eat this concept up.
And of course with any sequel, you always try to make it bigger than the original. What stops Scranton from declaring their entire city as a NIZ? What stops a county from NIZing the entire jurisdiction and use the money to rebuild bridges and roads?
All in all, Browne's legislation has set in motion a massive defunding of the state coffers.
The City of Allentown should be permitted to Annex all adjoining municipalities.
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