The evil empire strikes back

[rrt]

In case you are not yet aware of it, the Spring Ridge Club (aka the evil empire) has appealed the decision of Judge Stewart Kurtz, which had confirmed that the Little Juniata River was indeed navigable and open to access up to the high water mark. On July 11, the empire filed its appeal. This appeal to Commonwealth Court is not expected to be heard till next March, according to Deborah Weisberg, writing in the current issue of Pennsylvania Outdoor News. So, at least until then, Judge Kurtz's ruling stands in place, and the river is accessible to its high water mark. We must hope that the evil tentacles of the evil empire cannot ensnare the judges of the Commonwealth Court, that the judges are incorruptible and will rule according to law, as Judge Kurtz did. At any rate, the battle for public access to the Little J is not over, and we must do what we can to support those who have fought for access to this lovely stream.

 

[CRB]

Let's hope he loses once more and ALL the navigable streams in PA will be open!! He sure stands to lose more than he'll gain. I guess his Lawyers(Clients) want some more hurt and to spend more money. The State of PA, when this law suit passes should take him to court over the "Peoples" money spent fight him and his evil empire. :lol:
All we(fisherman) need to do now is lobby our legislators for a wade law on all PA streams if that should pass he will spend more of his evil money.
C

 

[littlejuniata]

Thanks for the post Rich, apparently it is not "business as ususal" as the guy stated after the first decision? Maybe he misses the publicity, but most of his clients are lawyers so he probalby gets free legal counsel or barters a deal. Then again maybe his mommy never taught him what the word "NO" means?

 

[RangerKeen]

Well its going to be hard to reverse a ruling , when it is now navigable in "fact" . Basically means unless donny can go back in time and stop any ships from going down the j , Then he is just wasting time .

Also word on the street is SRC is on its way out and the clown that runs it , is going to "retire" more like the ship is sinking !!

hip hip hoooray !!!

 

[Squaretail]

One would imagine that those lawyers that are clients of his found something. I would also imagine they dont want to lose their honey holes. If Donny didnt have a leg to stand on, I'm sure they would have advised him otherwise.
Almost everyone thats a member there has power of some form and I'm sure they're willing to use it to help Donny keep their playground open as the people who lived there and fished there their whole lives stand with their hands on the fence looking at someone else enjoy what once was because they dont have as much money.
Comprimising his morals and justifying his actions. I know those terms well. He just doesnt see that hes actually hurting people.

 

[littlejuniata]

Donny claims that he is a deacon in his church and a Sunday school teacer, if he is truly religious and not just for show he should realize that God is sending him a message by allowing the stream to reach low levels, giving easy access to the club's water. Just got back from church Chiz Ryder was there, what a great musician he is, going to go see him this evening

 

[flyfishermanj]

Did we really think Donny was going to let it go with one decision. I know it seemed like a slam dunk and probaly was, but if what Ranger is saying is true, maybe it's a last ditch effort to save his business. Most likely one of his cronies/clients found a loophole and they are trying to exploit it. Either way, I think we all knew he would appeal. Hopefully our judical system here in "Pee-Aye" isn't as screwed up as the rest of the political system is.
JH

 

[CRB]

Any one see CBS's 40 Minutes last night about the Lawyer who bribed the Judge?
Would it be a good idea to investigate?
There sure are a few honey holes(aka "shangri la") that would be lost. It could be a way of holding off the creditors of the sinking ship and protect his rear with more time. I would imagine it too would keep his clients on board till the end.












FOT

 

[littlejuniata]

http://archives.cnn.com/2002/ALLPOLITICS/07/15/time.mistrust/index.html

 

[Will]

This move was not unexpected. Many people who lose a court case at the trial level file an appeal. It is part of our rights as citizens. After the amount the parties have already invested in legal fees to develop their evidence and try the case, the added expense and effort of writing appeal briefs and potentially arguing the appeal are pretty minimal. It is a relatively inexpensive "second try." I would not infer that SRC's lawyers have some secret plan or loophole. This is just the way the process often works. I would also be careful about looking at this in terms of "corruption" etc. If the appellate court rules for SRC, that would be an incorrect decision and a mistake based on the law as I understand it, but things like that happen. I would be surprised and very disappointed if it happened here, but I would not assume the judge is corrupt, etc.

 

[JackM]

It's funny how people can't resist using this topic to take pokes at politicians, judges and lawyers and, yet, it was government agencies that brought the suit to assert all of our rights to the Little Juniata streambed, lawyers who represented the Commonwealth agencies and the private plaintiff that successfully asserted our rights, and a Judge who recognized and provided the mechanism to enforce our rights. If I didn't know the extent of the propaganda that creates these attitudes, I'd think you all to be ingrates :-x .

 

[Cynic]

Interesting - that the SRC is having financial difficulties. Could the accounting/financial gurus who frequent this forum comment on this aspect - given the facts that are known or perceived about the operations of SR.

 

[tomgamber]

I'm no expert but I wouldn't pay $65K a year to fish water tat anyone willing to walk a little could fish.

 

[Squaretail]

it was government agencies that brought the suit to assert all of our rights to the Little Juniata streambed
I was told by a few people that although it appeared as though he merely jumped on board, Alan Bright had been fighting this for years and without him we never would have had the first ruling.
Is this not the case?

 

[littlejuniata]

Judge Kurtz is the best, he is not impressed by the monied folks. I don't think many of his decisions have been overturned. What is wrong is that the agencies and taxpayers will have to pay again.

 

[JackM]

Squaretail wrote:
it was government agencies that brought the suit to assert all of our rights to the Little Juniata streambed
I was told by a few people that although it appeared as though he merely jumped on board, Alan Bright had been fighting this for years and without him we never would have had the first ruling.
Is this not the case?

My understanding is that Allan has been contesting the attempted privatization for many years, but that does not contradict what I stated. I mentioned the "private plaintiff" who incidentally is represented by a lawyer, of all things. And this may be all the explanation you need for why SRC is appealing-- they are facing the possibility of significant damages in the private-plaintiff lawsuit and the trial judge's decision, if not appealed and reversed, will go a long way in the civil litigation.

 

[littlejuniata]

I know Allen was going to persue legal action against the club because of loss of income to himself and his business and rightully so.

 

[JackM]

Allan's lawsuit was consolidated with the Commonwealth's because the question of navigability either answers wholly or partly the question of liability to Allan's suit. If Judge Kurtz' decision stands, my guess is that all Allan needs to do now is establish that SRC's actions were the proximate cause of his damages and the extent of such damages.

 

[littlejuniata]

I have wondered what Beaver told his clients in regared to the Spruce Creek fly shop and their buying there?? Also wonder how Beaver tallked another fly shop owner to open his store there. that shop was intended to hurt Allan's business too?


In the past Spruce Creek would have been a wonderful place to live, not any longer!

There is a cabin coming for auction on Spruce with Colerain fishing rightsm problem is minimum is $200,000.00 I doubt that it will sell??

 

[Squaretail]

That very possibly could be all the explanation one would need.
Thanks Jack.