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Monday, August 3, 2015

still hope they win

The expansion remains the topic of two ongoing legal battles involving some of the YMCA's neighbors. North Fairfield Street resident Gay Wasserman is appealing the decision by borough officials to vacate an alley near her home and grant permission for the YMCA to build a parking lot as part of the expansion project. Wasserman claims in the appeal that the borough's action would have an “adverse impact” on her property.
Wasserman and residents Karen and William McCullough, whose homes also neighbor the YMCA, lost a similar appeal in Westmoreland County court, but that decision was overturned by a Commonwealth Court ruling in May. The trio claimed the borough did not follow proper procedure in changing the zoning on two properties and amending the zoning ordinance to permit construction of the parking lot. Though Westmoreland County Judge Anthony Marsili quashed the appeal, the Commonwealth Court concluded that the appeal's dismissal was unwarranted, stating the neighbors sufficiently set forth a basis for their appeal. The case has been remanded and reassigned to Judge Richard C. McCormick Jr.
In June, McCormick instructed the attorneys to submit briefs in both cases. Their deadline is Aug. 14, according to online court documents.

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