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THE MOLE
LEMUEL JAMES
KOPPENHAVER
TED BYRNE
TICKET TO RIDE
OH, THE BYRNE 3
SWEET DREAMS
YOUNG GIB
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JUSTICE
ANGELICA RIVERA
WHO SAYS FLUID
ARCHIVE 7-20/7-27
ARCHIVE 7-27
INCEST
INCEST1
YOUNG GIB 1
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FRY HEARING
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SMITHGALL 1
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ARCHIVE 9
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SMITHGALL 3
CHARLIE'S PROMISE - SEX
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LUDWIG/BORDEN
ARCHIVE 11/LCCCA
SUNDAY NEWS SAGA/COMEDY
INCEST - TRAGEDY 2
ARCHIVE 12
ARCHIVE 13
LYNCHING 1
MILLERSVILLE LAWSUIT
ARCHIVE 14
NO QUESTION
VONDERHEIDE/HARPER
RIGHTS AND FREEDOMS
INCEST & HATCHER
JUSTIN QUINN
JANET KELLEY
SCRAT
NOTES & QUOTES
HE'S A RAT
HOLY COW!
TALKBACK
TOTARO MUST GO
SNEDDON
ARCHIVE 15
ARCHIVE 16
ARCHIVE 17
TOTARO/FRY
LOVELACE
THE GAY GUYS
HARRY ENG
WOMEN AND PARTON
HERR, BOYD & LIARS
HARPER IS SANDWICHED
BEATING A PATH
VONDERHEIDE & CRY BABIES
LANCASTER/RACISM
PULL THE PLUG!
KIRK & HARPER
RESOLUTION 37
SOUL AND PASSION!
ALL ABOARD
SUPER JERKS
STEWART OPINION
DEVON SMITH
END IT NOW
COMMON CAUSE
SEXISM & MURDER
DOUBLE CROSSED
JOURNALISTS
A FAMILY TRAGEDY
BANANAS & BRETT
WHO'S WATCHING BRETT?
EXTRA! EXTRA!
FEAR FACTOR
DESCENT INTO MADNESS
BURIED IN DEBT
PICTURE THE TRUTH
NEWS - STREAKER - WHITE ARCHIVE
ARCHIVE 18
GRAND JURY - FULL VIEW
INJUSTICE - RIVERA
INVESTIGATE PSP/STEVENS
COVER-UPS & LIES
DON'T MAKE ME MAD
JUDGEMENT DAYS
STEWART TRIAL
FRY, F&M & INCEST
JOURNEY OF PAIN
CHRISTY MIRACK
SUE ME
WHEN WILL I GET A LAWYER?
STURLA - BUM
COOLEY'S EMAIL
CONVENTION CENTER
GAG ORDER
RENTERIA - STEWART MISTRIAL
CONVENTION CENTER 2
FAUST - COLD CASE
CONVENTION CENTER 3
MADENSPACHER - MONEY TALKS
TOTARO - SCHREIBER
CONVENTION CENTER 4
EURYTOPIC
ARCHIVE 19 - CC & CROW
INJUNCTIONS
HARPER IS
HARPER IS SCUMMY
LIES, LIES AND MORE LIES
DOG DAYS - LANCASTER POLICE
LOVELACE - FRY
HARPER - BEINGREAL ARCHIVE
SHELLENBERGER
ARCHIVE 20
ARCHIVE 21
TERRYP
MADENSPACHER 2
ELECTION
RONNIEDOG
ARCHIVE 22
STEWART TRIAL
ENG - FOR THE RECORD
e-mail me



 

 

CALL KIRK!

October 23, 2006

 

David Kirk

610-422-0048

davidkirk@thePRguy.com

 

    Judge Madenspacher has issued a permanent injunction that prohibits County Commissioners Henderson and Shellenberger from taking or threatening to take any action to revoke the County’s 2003 guarantee of one-half of a Lancaster County Convention Center Authority (LCCCA) $40 million construction bond.  This represents the tenth court ruling in favor of the project and against its opponents.

    Our partner, LCCCA, now can proceed to remarket the $40 million construction bond now held in escrow.  It also can proceed to issue another planned $14 million construction bond.

    We will continue construction of the project according to our construction schedule.  Site preparation and stabilization of the Watt & Shand façade are underway and drilling for the foundations of the convention center itself will begin this month.

    Once again, we call upon Commissioners Henderson and Shellenberger to stop wasting taxpayer’s money through their unrelenting efforts to damage this project, which is the centerpiece of downtown Lancaster’s economic revitalization.

www.pennsquarepartners.com

 

    The Commissioners have 30 days to file an appeal.  Please file an appeal, Molly and Dick. 

    Who is David Kirk and how much is this man being paid?  The LCCCA is a public authority, Mr. Kirk.  Why do you speak for them?  One more time – how will this white elephant lead to “Lancaster’s economic revitalization?”  Read the PKF Consulting study and look at the financial condition of convention centers across this country.  You can look at Altoona and Erie for starters.

    Mr. Kirk nicely posts his phone number and email address.  I suggest the public make good use of them and tell this arrogant, nasty man what they think of him, the Penn Square Partners and the convention center.  Call and write as often as you can!

 

*** BREAKING NEWS ***

 

    The Lancaster New Era has a “developing story” titled, “Penn Sq. construction may start early in ’07,” (click here).   This is the most blatant and shameless violation of journalism ethics, business ethics and personal ethics by politicians, editors and reporters that I have ever, ever seen.  Who is paying the bill for their five lawyers versus the county’s one?  (Hint - you are!)

~ Shameless Nonsense and Bullsh*t ~

PERMANENT INJURIES

 

 

      "Certainly, we hoped Judge Madenspacher would view the documents the same way we did. He did not. He had a different interpretation. I believe on appeal, an appellate court might take a different view," said Lancaster County attorney Howard Kelin.

WGAL-TV (click here). 

    I think any judge outside of Lancaster County would take a different view.  This is really a shameless decision by Judge Madenspacher that needs to be appealed.  Items in “bold” below are quotes from his opinion which is available here.

    However, the three (3) witnesses who were most familiar with financing all testified that budget meant balanced budget. It was most aptly put by Mr. Edelman when he stated that if the word budget meant unbalanced budget that would be a ridiculous interpretation given the scope of this document and the requirements of the marketplace.

    Is that so, Judge Madenspacher?  Ridiculous?  Apparently you’ve forgotten Mayor Gray’s recent two week scramble to find $20 million dollars.  Do you remember all the times the project has been declared "dead" for lack of money?  I’m sure that Mr. Edelman of Stevens & Lee knows what a balanced budget is.  His law firm has received over $6 million dollars from the Plaintiff’s with no explanation of the charges.

    The second criterion, that an injunction is necessary to avoid an injury that cannot be compensated by damages, has been met. The Court’s analysis here is the same as in its order of July 24, 2006. If there is no injunction then there is no refinancing. If there is no refinancing the project cannot be built. The Court cannot imagine any way to calculate any potential damages if Plaintiffs are ultimately proven to be correct in their position.
    Why is the court concerned with whether the project is built or not?  You cannot imagine “any way to calculate the damages if Plaintiffs are ultimately proven to be correct?”  Nonsense and bullsh*t.  Get a new job then, Judge.

    “The final criterion is that greater injury will result from refusing rather than granting the relief requested.”

    Who is the greater injury to, Judge Madenspacher?   What is this great “injury” that will be suffered?  The use of over $100 million dollars of the public’s money to build a white elephant?

    The Court notes that Mr. Ebersole’s testimony as to potential operating losses of the Convention Center differ substantially from those of the Plaintiffs’ evidence, however, the Court does not need to do any analysis as to which projections are correct. True, if the operating losses of the Convention Center are greater than Plaintiffs’ forecast, then hard business decisions will have to be made. It is also true, as stated in Defendants’ brief that a future Board of Commissions may face a Hobson’s choice, requiring a hard political decision. This Court cannot be concerned with that.

    So which is it, Judge Madenspacher?  Why is the court concerned whether the project is built or not if you can’t concern yourself about potential operating losses and future decisions of the Board of Commissions?  Why even bring it up?

    This is a disgraceful opinion that needs to be appealed and Madenspacher’s ties to the Plaintiffs need to be investigated.  Should he have removed himself from this case?

 

Please check back tomorrow…

What's the difference between the Titanic and the convention center?

 

The Titanic had a band.

Posted on the WGAL forum.

 

    "The criteria for issuing a permanent injunction are the following: (1) is there a clear right to relief; (2) that an injunction is necessary to avoid an injury that cannot be compensated by damages; and (3) that greater injury will result from refusing rather than granting the relief requested."

From Judge Madenspacher’s opinion.

     Did the plaintiff’s meet the three criteria?  Please check back later today…

HOW MUCH DOES IT COST

TO BUY A JUDGE?

PLEASE CHECK BACK LATER TODAY…

 

“JUBILANT”

     “The convention center developers — the convention center authority and the Lancaster City Redevelopment Authority — along with the private hotel developers of Penn Square Partners, jubilantly greeted Madenspacher’s ruling this morning.”

Jack Brubaker in today’s New Era article, “Major court victory for city center,” (click here and please read the “Talkback” under it).

    I bet you were “jubilant” too, Jack since the Lancaster Newspapers are 44% partners in the PSP and your job depends on it and neither you, Ernie Schreiber, Marv Adams or Ray Shaw could get a job on a high school newspaper any where in this country. 

    In an absolute first, the Lancaster Newspapers have published the full text of Judge Madenspachers decision (click here and please read the “Talkback” under it).  Please check back tomorrow

    (Please note the links above may open very slowly.  The Lancaster Newspapers are either getting a tremendous number of hits or they have purposely slowed their website response time down.  Hint - I think it's the latter!)

HOW DARE YOU, JUDGE MADENSPACHER?  HOW DARE YOU?  THIS IS AMERICA!

(CLICK HERE AND PLEASE CHECK BACK TOMORROW.)