DUBOIS – The Sandy Township Supervisors will appeal a recent decision in proposed Treasure Lake borough battle.
“We got a decision from Judge Ammerman,” began Township Solicitor Greg Kruk.
Kruk announced to the Sandy Township Supervisors on Monday night that one of their exceptions in the case was struck down by Clearfield County President Judge Fredric J. Ammerman.. The specific exception that was Sandy Township’s assertion the time share owners of Cayman’s Landing, Wolf Run and Silverwoods counted as free holders for the purposes of petitions. It was decided that since these particular people did not have a year round continuous ownership of a property in Treasure Lake that they did not count as free holders.
“He did decide against us on resident free holders,” said Kruk.
This matters as part of Treasure Lakes efforts require a petition signed by half the population of Treasure Lake. This decision reduces the total number of official residents in Treasure Lake needed for this purpose and makes the benchmark easier for Treasure Lake to hit.
“This is a matter of first impression in the state,” said Kruk.
First impression means that there is no precedent for determining if time share owners count as free holders in Pennsylvania. This is the first time in Pennsylvania this issue has come to the attention of the court. Whoever wins the appeal battle over this issue sets precedent and history in Pennsylvania.
“It’s of great importance to Sandy and all gated communities in the state,” said Kruk prior to suggesting an appeal.
An appeal would stall the next stage in the process that would have Ammerman appoint a committee. Once the committee gets appointed it will begin making decisions within a mandated time period whether or not the appeal is in progress, and would be changing the discussion mid-process.
Three of the five supervisors who voiced their opinion wanted to vote immediately for appeal. Jim Jeffers wanted to have an executive session before the group put forward a motion. Brady LaBorde didn’t state his desire either way. All the supervisors except for Jeffers voted to begin the appeal process, with Jeffers abstaining from the vote.
