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 î06,000 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.
Today's one-liner: "The shortest way to the distinguishing excellence of any writer is through his hostile critics." Richard LeGallienne
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Friday, April 20, 2012
23 comments:
You own views are appreciated, especially if they differ from mine. But remember, commenting is a privilege, not a right. I will delete personal attacks or off-topic remarks at my discretion. Comments that play into the tribalism that has consumed this nation will be declined. So will comments alleging voter fraud unless backed up by concrete evidence. If you attack someone personally, I expect you to identify yourself. I will delete criticisms of my comment policy, vulgarities, cut-and-paste jobs from other sources and any suggestion of violence towards anyone. I will also delete sweeping generalizations about mainstream parties or ideologies, i.e. identity politics. My decisions on these matters are made on a case by case basis, and may be affected by my mood that day, my access to the blog at the time the comment was made or other information that isn’t readily apparent.
As much as I am not an Abe fan, I am with him on this one!!
ReplyDeleteAbe just put a canon shot through City Hall.
ReplyDeleteBernie how do you get the Commonwealth Court .pdfs?
ReplyDeleteThis guy is a lousy developer and a poor business man. Its amazing he has done as well as he has so far.
ReplyDeleteWrong, Abe just put a Cannon Shot through CORBETT...the suit is filed against the State and CORBETT.
ReplyDeleteThey are the ones that initiated the NIZ.
GO ABE GO!!!!!!
ReplyDeleteI have a great deal of respect for you for standing up for what is right.
JM
We all could do what he has done, if we all kept (3) sets of Books!!
ReplyDeletego for it Abe
ReplyDeleteThanks Jeannie
ReplyDeleteWhat is Atiyeh's motivation?
ReplyDeleteHe, 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.
ReplyDeleteAlthough Abe's proposed projects aren't exactly my cup of tea, he's got my backing on this lawsuit.
ReplyDeleteThis 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.
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.
ReplyDeleteAbe 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.
Hey Bernie we want to hear what the other state reps said about the NIZ. Nobody else had the guts to offer an opinion?
ReplyDeleteThe other developers in the Valley need to file suit ASAP to stop the NIZ from happening.
ReplyDeleteWorse 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.
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.
ReplyDeleteI agree 100% with ABE somebody has to stop these people.
ReplyDelete8:56, 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.
ReplyDeleteIs the compromise that has been tabled good for all municipalities or just the ones that have committed to sue?
ReplyDeleteAre the terms consistent for all municipalities or does Bethlehem Township and Hanover hae better terms?
Atiyeh does the bare minimum on all of his . It shows.
ReplyDelete... "all his projects."
ReplyDeleteI 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.
ReplyDelete5:50. 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
ReplyDelete