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Pinecroft Fire Company wants injunction extension in decertification push

Fire company seeks to extend embargo on possible decertification

Blair County Judge Lou Schmitt heard arguments Thursday from the Pinecroft Volunteer Fire Company and Antis Township for and against extending a preliminary injunction granted a week ago that prevented the township supervisors from decertifying Pinecroft for its resistance to being absorbed by Excelsior Fire Department No. 1 of Bellwood.

Pinecroft attorney Joe Addink asked Schmitt to extend the injunction to June 1, arguing that the 45 days the supervisors gave in mid-January for Pinecroft to accept assimilation was not enough time.

Township solicitor Patrick Fanelli argued that the push from the township has been yearslong and has included two state studies that recommended a unified fire service, along with various discussions and an invitation letter in December from Excelsior to Pinecroft.

Schmitt said he would take the arguments and the appropriate law under advisement and issue a ruling — but didn’t say when.

The supervisors have the authority to decertify, based on the township code, so it’s just a political question — a matter of discretion — over whether to exercise that authority, according to Fanelli.

The court doesn’t have the authority to overturn such an exercise of discretion, according to Fanelli.

Given the extensive history of the case, the supervisors were exercising their discretion reasonably, Fanelli said.

Addink didn’t dispute that the supervisors had the authority to decertify.

The history may be extensive, but the lack of actual movement — “no real interest in making it happen” — through most of that history argues that the January pressure to get it done quickly amounts to arbitrary and capricious behavior, Addink said.

Moreover, 45 days would not be much time even for two companies that got along — much less two organizations that are hostile, like the Steelers and Ravens NFL organizations, he said.

Further, there’s no harm in waiting, Addink said.

Taking up that notion, Schmitt asked, “Where’s the fire here?”

“Why the hurry?” Fanelli asked rhetorically.

It’s actually not a hurry, considering all the time that has passed during which the supervisors’ desire was clear, according to Fanelli.

As for there being no harm in waiting, there may be harm in continuing to frustrate the will of the residents’ elected supervisors, he suggested.

“It’s a bit of disenfranchisement,” he said.

“The court shouldn’t interpose its judgment for that of the supervisors?” Schmitt asked, restating Fanelli’s point.

“Yes,” Fanelli said.

Given that the supervisors lack the authority to compel a merger, they had to resort to the decertification threat, Fanelli added.

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