The Tribune Democrat, Johnstown, PA

Local News

March 12, 2008

Constitutional Patriots owe about $2,000 in legal fees

NORTHERN CAMBRIA — A grassroots citizens organization still owes Susquehanna Township about $2,000 for a legal fight against mandatory water line tap-ins.

And while Constitutional Patriots Inc. members said they will try to come up with the cash, some township officials worry that taxpayers could be left holding the bag.

Four months ago, the state Supreme Court refused to accept an appeal from the township’s Constitutional Patriots, which was fighting the tap-in ordinance.

When litigation began, township supervisors set up a special account to pay the legal fees associated with the lawsuit. Additionally, they said the township would not contribute more than $2,500 of public funds to the fight.

Additional costs would have to be paid by the Patriots.

Now that litigation has ended, Supervisor Kevin Stanek said the state’s Association of Township Supervisors agree the account should be closed.

But the Patriots still owe about $2,000 to attorney Alex Svirsko of Johnstown, the township’s solicitor.

The organization became incorporated last year, and has held numerous fundraisers to help pay its bills.

Residents have complained at past meetings that the account remains open, and that the bill has not been paid in full.

“I want an audit done to make sure only $2,500 of taxpayer money was used to pay the legal bill,” resident Mike Schettini said.

Other residents are concerned that the township will be liable for the debt because the lawsuit was filed under the name of the township, not the Patriots.

Shirley Craver, a member of the group, said the Patriots have every intention of paying the bill.

“It will be taken care of as soon as we raise the money,” Craver said. “But we’re not obligated to do that.”

Bob Smith, who supported the lawsuit, said the Patriots have worked hard to raise the money but, like Craver, argued responsibility.

“We’ll continue to try as best we can,” Smith said. “We’re not obligated – but in a way we are – and we’ll fulfill our obligation.”

Stanek disagreed.

“Our obligation to this account said the township would put $2,500 toward this,” Stanek said. “I have been in touch with the (state) Auditor General’s Office, and this will get resolved one way or another.

“The township may end up paying it off,” Stanek said. “We can’t let this account drag out another year.”

The special account will be part of a forensic audit that was ordered Tuesday night by a unanimous supervisor vote.

The legal battle with the Northern Cambria Municipal Authority began after the township adopted a uniform tap-in rule in 2003 after proceeding with an $8.5-million water project.

Members of Patriots group contended the tap law violated their rights and complained municipal water is inferior to wells and springs.

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