Exit 7: PennDOT Dealt Another Blow as the Pennsylvania Supreme Court Grants Farm Couple's Request to Eliminate the Pennsylvania League of Cities and Municipalities As a Party

CONTACT:
Thomas Linzey, Esq.
709-0457

FOR IMMEDIATE RELEASE

Harrisburg (August 8, 2000) - The Pennsylvania Supreme Court granted a request from Lois and Lamar White today to eliminate the Pennsylvania League of Cities and Municipalities from participation in the Exit 7 litigation. Several weeks ago, the PLCM had requested permission from the Court to file a Brief supporting PennDOT's position in the case. The PLCM had attempted to enter the litigation at the request of the Borough of Chambersburg.

In its filing seeking to become a party to the case, the PLCM asserted that it did not know of the issues presented by the case until April 10th of this year, when it received a letter from the Borough of Chambersburg requesting that PLCM attempt to become a "friend of the court" in the Exit 7 litigation. The Borough of Chambersburg, in February, had filed a "friend of the court" Brief in support of PennDOT in the Exit 7 case.

The Whites then asked the Supreme Court to deny PLCM's request, citing William McLaughlin's role as Chambersburg Borough Councilmember and current President of the Pennsylvania League of Cities and Municipalities as a reason why PLCM should have known of the case earlier. In addition, the Whites argued that, even if PLCM only discovered the case on April 10th, the organization had a duty to file their request earlier than the end of July.

Thomas Linzey, attorney for the Whites, explained that "PLCM's excuse for filing late was pretty flimsy, and the Supreme Court saw through their arguments. It is hoped that the organization will act more responsibly towards judicial forums in the future." Linzey also castigated Chambersburg Borough for their invitation to PLCM to participate, declaring that "the Borough's attempt to drum up support for PennDOT's position shows to what lengths McLaughlin and others will go to cozy up to PennDOT and Congressman Bud Shuster."

The Whites have also asked the Supreme Court to dismiss the case entirely - arguing that the Court lacks jurisdiction to hear the appeal by PennDOT from a ruling in the Whites' favor in the Commonwealth Court. In that Court, the Whites won three phases of the litigation - including a final ruling from that Court which stopped PennDOT from constructing Exit 7.