WILLIAMSPORT - Last month's recommendation by a federal judge to continue a lawsuit against Northumberland County Commissioners Vinny Clausi and Stephen Bridy and the county on a Sunshine Law violation has been adopted by United States District Judge Matthew W. Brann.
On May 6, Magistrate Judge Martin C. Carlson issued a 20-page opinion that denied a motion by Clausi and Bridy to dismiss an amended complaint by plaintiff David Kaleta, of Shamokin, who filed a lawsuit over issues related to the county's Anthracite Outdoor Adventure Area (AOAA).
In their motion to dismiss, the county's attorneys said that although a state court has already found that Kaleta is likely to prevail on the merits of his claims, the amended complaint "nevertheless actually fails to state a claim upon which relief can be granted."
Carlson disagreed and found that Kaleta has adequately pleaded claims for relief under both the Sunshine Act and the First Amendment.
In an order issued May 24, Brann said the defendants' motion for summary judgment does not comply with Local Rule 56.1, which requires a "separate, short and concise statement of the material facts, in numbered paragraphs, as to which moving party contends there is no genuine issue to be tried."
Banned from land
Kaleta, who has been critical of the county plans to build the 6,500-acre recreational area on forest and abandoned coal lands in Coal, East Cameron, Mount Carmel, West Cameron and Zerbe townships, was informed in a Sept. 10 letter from county planning director Pat Mack that his request to use the land for hunting and walking his dog had been denied after consideration by "two of three members of the board of commissioners," later determined to be Bridy and Clausi.
Kaleta, claiming the discussion to deny his permit is a violation of the Sunshine Act, won a preliminary injunction in Northumberland County Court.
With Kaleta alleging a violation of his First Amendment rights, the case was moved to federal court.
Last month, Carlson denied a motion by Clausi and Bridy that sought to have Kaleta's attorneys, Kymberley Best and Timothy Bowers, disqualified because they dealt with administration and legal issues related to the AOAA during their time as Northumberland County employees. Carlson said Best and Bowers' prior representation of the county had little to do with issues in Kaleta's suit.
The judge also threw out a protective order asked for by Kaleta to keep audio recordings of past Northumberland County commissioners' meetings, after the plaintiff had been directed to file a brief in support of his motion by April 18. Since the time to file the court documents passed, Carlson withdrew and dismissed the motion.