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COUNTY BUDGET BATTLE

January 4, 2008

Grier’s challenge is rejected

State cites lack of property ownership. Officials celebrate. W-B man vows to appeal.

Tim Grier brought Luzerne County officials to their knees with his challenge over bond borrowing.

That wasn’t the case Thursday, when county leaders celebrated the state’s dismissal of Grier’s challenge.

“Tim Grier threw a snowball at the county, and today he got hit with an avalanche,” said Wilkes-Barre attorney Peter Moses, who defended the county.

Moses said Grier told the media that he was calling the county’s bluff.

“Today the county collected the pot,” Moses said. “Mr. Grier has cost the taxpayers of Luzerne County valuable time and money with his frivolous complaints.”

In a written statement, county Commissioner Greg Skrepenak said Grier’s challenge “was based on personality, and not the principle of the law.”

“Tim Grier’s action accomplished nothing but putting peoples’ lives in jeopardy, increasing costs to the county and obstructing county services,” he wrote.

Skrepenak alleged Grier and minority Commissioner Stephen A. Urban “conspired” to pursue the challenge because county Democrats hold the majority and won all elected row office seats in the 2007 general election.

The state Department of Community and Economic Development dismissed Grier’s complaints based on the county’s argument that Grier does not have standing to pursue the complaint because he doesn’t own property.

Grier said he plans to appeal the state’s decision in the state Commonwealth Court within the 15-day deadline.

The Wilkes-Barre resident has argued that the money he pays in dog licenses and gun permits should be sufficient to give him standing to challenge the county’s borrowing plan.

“Obviously I’m disappointed. I think it’s a slap in the face to anyone who doesn’t own property,” Grier said of the state’s decision.

Grier said he filed the complaints because he wanted to force the county to be more accountable about how the more than $80 million will be spent. He also questions the legality of using some of the bond money to pay the 2007 deficit.

“It’s a shell game to get money, and we all pay because they’re bankrupting the county,” Grier said.

His attorney, Alfred R. Cowger Jr., of Harveys Lake, said he was in the process of meeting with Grier to discuss appeal options. Cowger agreed to represent Grier without pay, in part because he believes Grier has valid concerns about the borrowing.

Grier said he is trying to raise donations to fund the hundreds of dollars in non-lawyer court costs and filing fees.

Urban said he disagrees with the state’s ruling and disagreed with Skrepenak’s allegation, saying he had nothing to do with Grier’s decision to file the challenge.

Moses said Grier and his lawyer had “better realize the legal consequences of their actions” if they file an appeal, because the county is prepared to seek reimbursement for county legal fees and court costs.

The county may also attempt to force Grier to post a bond in the total amount of the borrowing – more than $80 million – if he chooses to appeal.

“This isn’t a game. It never has been a game. Mr. Grier has never understood the consequences of this complaint,” Moses said. “The county is going to protect itself with every respect.”

The bond package will fund capital projects and a deficit. County officials had threatened a mass work stoppage due to Grier’s challenge, but they ended up gathering money to avoid layoffs.

Grier’s defense

An account to help fund Timothy Grier’s legal challenge has been set up Wachovia Bank.

Checks may be made payable to: "LexNova/TM21 LLC IOLTA Account."

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.








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