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Friday, February 6, 2015

I hope the neighbors seek an injunction to stop the destruction of the alley. It's our right of way based on the old plan.

Attorney Gary Falatovich, representing Wasserman and the McCulloughs, said his clients believe they are in a good position to get the ruling overturned.
The borough also granted the YMCA's requests to vacate a portion of an alley between Elm Alley and North Market Street, and construct a parking lot. Wasserman filed an appeal against the borough and YMCA, claiming that the actions adversely affect her nearby property. A hearing has not been scheduled.
“If the YMCA is proceeding with this lawsuit pending, they're doing so at their own risk,” Falatovich said.
Attorney Mark Sorice, representing the YMCA, said the appellants haven't sought an injunction and haven't posted a bond, “and because of that, there is presumption in favor of the ruling board, because this is legislative discretion.”
“We think (the YMCA) has a vested interest because of how the decision was made and the length of time that has passed since,” Sorice said.

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