Newspaper will appeal judge's ruling on Highland closed meeting
August 11, 2009 | Filed in: Sunshine
Act | Open
meetings
By Michael Aubele
VALLEY NEWS DISPATCH
The Valley News Dispatch will appeal a judge's decision that Highlands School Board didn't violate the state's Sunshine Act in a June executive session.
Allegheny County Court Judge Joseph James ruled in favor of the school board on Monday by dismissing the newspaper's allegations that board members illegally met behind closed doors with Heights Plaza Shopping Center officials to discuss a possible property tax assessment appeal.
The paper filed suit after the June 8 meeting, claiming the board violated the Pennsylvania Open Meetings Law, which is commonly called the Sunshine Act.
"We're very disappointed," said David Strassburger, the newspaper's attorney. "We believe the board violated the Sunshine Act when it met privately with representatives of Heights Plaza to discuss consent to reopen a tax assessment appeal."
Strassburger said he will appeal the paper's case to Commonwealth Court.
Ira Weiss, solicitor for Highlands School District, indicated he was shocked by the paper's plan to appeal.
"I'm pleased that Judge James has confirmed the fact that the school district did not violate the Sunshine Act in having an executive session for litigation purposes relating to the Heights Plaza case," Weiss said. "We believe the challenge from Trib Total Media was groundless and totally unsupported by the facts."
Trib Total Media is the parent company of the Valley News Dispatch.
"If, in fact, Trib Total Media authorizes an appeal of this case, in my judgment it perpetuates a totally groundless challenge and unnecessarily requires the expenditure of public taxpayer money."
"We don't go around wasting our money on attorney fees for groundless cases," said Jeff Domenick, Valley News Dispatch editor. "The judge's ruling stated what they did was legal. That doesn't mean what they did was right. We were standing up for the public's right to know what their school board is doing."
Highlands School Board members, angry and upset about two lawsuits previously filed against the school district, may file countersuits to recoup costs.
Six board members agreed to vote at next Monday's regular meeting on a measure to authorize Solicitor Ira Weiss to explore such action.
One lawsuit was filed by the Valley News Dispatch. It alleged that the board violated the Sunshine Act on June 7 when it closed a meeting with legal counsel and an official of the Heights Plaza Shopping Center.
On Monday, an Allegheny County judge ruled in favor of the district. A lawyer for Trib Total Media, the parent company of the Valley News Dispatch, said he will appeal the decision to Commonwealth Court.
The second lawsuit, also involving an alleged Sunshine Law violation, was filed by former board member Tim McCue of Harrison in February 2007. He alleged that a Jan. 30, 2007, executive session was illegal.
McCue subsequently dropped the lawsuit after the next election when it became clear that the balance of power on the board would change.
Board member Ron Misejka asked Weiss what the district's legal costs were in the Trib's suit and if the district had the right to countersue to recoup them.
Weiss said the costs amounted to $1,000 to $2,000. He said it is possible for the board to seek reimbursement but said the board should wait to see if Trib Total Media files an appeal before deciding.
VALLEY NEWS DISPATCH
The Valley News Dispatch will appeal a judge's decision that Highlands School Board didn't violate the state's Sunshine Act in a June executive session.
Allegheny County Court Judge Joseph James ruled in favor of the school board on Monday by dismissing the newspaper's allegations that board members illegally met behind closed doors with Heights Plaza Shopping Center officials to discuss a possible property tax assessment appeal.
The paper filed suit after the June 8 meeting, claiming the board violated the Pennsylvania Open Meetings Law, which is commonly called the Sunshine Act.
"We're very disappointed," said David Strassburger, the newspaper's attorney. "We believe the board violated the Sunshine Act when it met privately with representatives of Heights Plaza to discuss consent to reopen a tax assessment appeal."
Strassburger said he will appeal the paper's case to Commonwealth Court.
Ira Weiss, solicitor for Highlands School District, indicated he was shocked by the paper's plan to appeal.
"I'm pleased that Judge James has confirmed the fact that the school district did not violate the Sunshine Act in having an executive session for litigation purposes relating to the Heights Plaza case," Weiss said. "We believe the challenge from Trib Total Media was groundless and totally unsupported by the facts."
Trib Total Media is the parent company of the Valley News Dispatch.
"If, in fact, Trib Total Media authorizes an appeal of this case, in my judgment it perpetuates a totally groundless challenge and unnecessarily requires the expenditure of public taxpayer money."
"We don't go around wasting our money on attorney fees for groundless cases," said Jeff Domenick, Valley News Dispatch editor. "The judge's ruling stated what they did was legal. That doesn't mean what they did was right. We were standing up for the public's right to know what their school board is doing."
Board might countersue
Highlands School Board members, angry and upset about two lawsuits previously filed against the school district, may file countersuits to recoup costs.
Six board members agreed to vote at next Monday's regular meeting on a measure to authorize Solicitor Ira Weiss to explore such action.
One lawsuit was filed by the Valley News Dispatch. It alleged that the board violated the Sunshine Act on June 7 when it closed a meeting with legal counsel and an official of the Heights Plaza Shopping Center.
On Monday, an Allegheny County judge ruled in favor of the district. A lawyer for Trib Total Media, the parent company of the Valley News Dispatch, said he will appeal the decision to Commonwealth Court.
The second lawsuit, also involving an alleged Sunshine Law violation, was filed by former board member Tim McCue of Harrison in February 2007. He alleged that a Jan. 30, 2007, executive session was illegal.
McCue subsequently dropped the lawsuit after the next election when it became clear that the balance of power on the board would change.
Board member Ron Misejka asked Weiss what the district's legal costs were in the Trib's suit and if the district had the right to countersue to recoup them.
Weiss said the costs amounted to $1,000 to $2,000. He said it is possible for the board to seek reimbursement but said the board should wait to see if Trib Total Media files an appeal before deciding.