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HOLLIDAYSBURG -- An out-of-county judge reviewing a Blair County dispute linked to a 2022 ruling by the state Office of Open Records said Friday that he expects to render an opinion in about three months.
Senior Judge Thomas Ling of Bedford County apologized to representatives of Southern Alleghenies Planning & Development Commission, Alleghenies Broadband Inc. and the Hollidaysburg Watchdog organization for his unawareness, until three or four days ago, that they filed documents in response to his order issued late last year.
"I don't think I need another hearing," Ling said Friday. "I'm simply going to get on with reviewing the briefs and writing the opinion."
The three parties involved in the dispute have raised objections to specific portions of a Feb. 8, 2022, ruling issued by the state Office of Open Records.
The state office ruled that records associated with one broadband internet project should be released to the Watchdog Organization because SAP&DC is a public agency and ABI Inc. -- the nonprofit entity it formed to pursue broadband expansion projects -- wouldn't be exempt since ABI lacks its own identity.
While SAP&DC and ABI objected to that conclusion, the Watchdog organization objected to a different portion of the ruling which allowed release of records for only one broadband internet project. ABI reported receiving five additional project proposals and the Watchdog organization maintained that all should be available for public review. Those projects, if pursued, are also likely to be paid for or partly paid for with tax dollars.
When Ling proposed closing the record so that he could work on his opinion, SAP&DC attorney George Gvozdich Jr. of Ebensburg and ABI Inc. attorney Melissa Chapaska offered no protest.
Watchdog President Richard Latker, however, advised Ling that he didn't think he could address the action. Latker said his organization has recently become listed on the state's registry as incorporated, so it has to be represented in court by an attorney.
When Laker suggested that the judge's action could affect appellate rights, Ling said it wouldn't and declared the record closed.
"Your right to appeal kicks in when I file my opinion," Ling said.
Outside court, Latker said his organization is concerned about how this case has lagged and the lack of attention it has received from the county court system since it filed its first motion 15 months ago.
"We have grave concerns about the integrity of a process in which it takes 15 months before a hearing is held where the judge announces that he has not seen the filings," he said.
Latker and the Watchdog organization also filed civil lawsuits in 2022 against Hollidaysburg Borough over Sunshine Law violations and related complaints that developed over the borough's financial support for the Phoenix Volunteer Fire Department.
The organization maintains that laws were broken when a committee was set up in late 2021 to focus on the fire department's operations and held off-the-record meetings influencing council's decision to restore funding.
Ling was scheduled Friday morning to hear the Watchdog's preliminary objections in its case against the borough. When Harrisburg attorney Murray J. Weed failed to show on behalf of the borough, he was reached by phone and reported never receiving a mailed notice.
Ling initiated the hearing 90 minutes after its scheduled start time with Weed participating by phone.
Latker said the judge granted the Watchdog organization time to secure an attorney in light of its change in status.
Mirror Staff Writer Kay Stephens is at 814-946-7456.