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By KALEN CHURCHER [email protected]
Friday, July 16, 2004 Page: 3A
WILKES-BARRE TWP. – A township attorney is arguing that a county judge did
not have the authority to order the township to post a $1 million bond to
continue its appeal against a planned strip club on Mundy Street.
Attorney John Rodgers filed a motion Thursday in Commonwealth Court to
vacate Luzerne County Court of Common Pleas Judge Michael Conahan’s Tuesday
order directing the township to post the bond in order to maintain its appeal
of a prior ruling in its battle to keep the Club 10 Plus from opening.
“We have no other choice,” Rodgers said. “The order knocked out the one
option of letting (Club 10 Plus) open and (wait for the) appeal.
Rodgers spoke with township Mayor Carl Kuren who agreed the motion to
vacate was necessary. Rodgers is confident about the motion’s chance in
Commonwealth Court.
However, should the Court rule Conahan had the authority to require the
bond, Rodgers also asked the amount to be reduced. Posting the $1 million
would hurt the township’s taxpayers, he said.
In May, Conahan issued an order that allowed the club’s corporate owner,
Jamme-K, to open an all-nude strip club on Mundy Street. The township
appealed, and the Commonwealth Court stayed Conahan’s order pending a full
appeal of the case.
“The Commonwealth Court specifically granted the stay, the Court of Common
Pleas of Luzerne County is without authority to require bond and, therefore,
the order of Judge Conahan … should be vacated and appellants should be
permitted to proceed with their appeal,” Rodgers’ order states.
“In the event that appellants are required to post bond, it should be in a
minimal amount due to the fact that the club is not open and not receiving
revenue and, therefore, it is not suffering loss revenue at this time.”
Elaine Cook, attorney for Jamme-K, initially asked that a $2.6 million bond
be posted to ensure her client could recoup financial losses. Cook described
the township’s appeal as “frivolous” and filed simply for the delay.
Cook could not be reached Thursday for comment.
Kalen Churcher, a Times Leader staff writer, may be reached at 831-7329.