|
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
ORDER FOR AN EX PARTE PRELIMINARY INJUNCTION AND NOW, this _____ day of February, 1999, after reviewing Petitioner, DOM GIORDANO's Motion for An Ex Parte Preliminary Injunction to Prevent Disbursement of Funds, it is hereby ORDERED and DECREED that an Ex Parte Preliminary Injunction is hereby issued to the Respondents, TOM RIDGE, GOVERNOR, COMMONWEALTH OF PENNSYLVANIA; COMMONWEALTH OF PENNSYLVANIA; MIKE FISHER, ATTORNEY GENERAL, COMMONWEALTH OF PENNSYLVANIA; CITY OF PHILADELPHIA AND CITY OF PITTSBURGH not to disburse any of the funds under the Capital Facilities Debt Enabling Act and specifically regarding the funding of the four stadiums (4) funded under this "Act."
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
ORDER FOR PRELIMINARY INJUNCTION POST HEARING AND NOW, this _______day of February, 1999, after reviewing Petitioner, DOM GIORDANO's Motion for Preliminary Injunction Post Hearing to Prevent Disbursement of Funds for Four (4) Stadiums, any responses thereto and a Hearing, it is hereby ORDERED and DECREED that a Preliminary Injunction is hereby issued to the Respondents, TOM RIDGE, GOVERNOR, COMMONWEALTH OF PENNSYLVANIA; COMMONWEALTH OF PENNSYLVANIA; MIKE FISHER, ATTORNEY GENERAL, COMMONWEALTH OF PENNSYLVANIA; CITY OF PHILADELPHIA AND CITY OF PITTSBURGH not to disburse any of the funds under the Capital Facilities Debt Enabling Act and specifically regarding the funding of the four stadiums (4) funded under this "Act."
Law offices of: IN THE COMMONWEALTH COURT OF PENNSYLVANIA
MOTION FOR AN EX PARTE -1- TO PREVENT DISBURSEMENT OF FUNDS Petitioner, DOM GIORDANO, by and through his counsel, Philip J. Berg, Esquire, respectfully requests this Honorable Court grant an Ex Parte Preliminary Injunction in the captioned matter for the following reasons:
1. The Petitioner incorporates by reference his Petition For Review requesting Declaratory and Preliminary and Permanent Injunctive Relief. 2. The Petitioner incorporates by reference his Affidavit. 3. The Petitioner respectfully contends that he, as a citizen and taxpayer of the Commonwealth of Pennsylvania, will suffer irreparable harm when any monies are distributed in violation of the Pennsylvania Constitution under Senate Bill No. 10, the Capital Facilities Debt Enabling Act (hereinafter referred to as "Act"), which was signed into law on February 9, 1999. 4. The Petitioner contends that he has no adequate remedy at law. 5. The Petitioner contends that the legislation is actually a "loan" which is not allowed by the Pennsylvania Constitution. -2- WHEREFORE, the Petitioner, by his counsel, respectfully requests this Honorable Court grant an Ex Parte Preliminary Injunctive Relief as follows:
DATED: FEBRUARY 11, 1999 -5- VERIFICATION I, DOM GIORDANO, hereby state that I am the Petitioner in this action and verify that the statements made in the foregoing MOTION FOR AN EX PARTE PRELIMINARY INJUNCTION are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ____________________________ -6- Law offices of:
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
MOTION FOR PRELIMINARY INJUNCTION POST HEARING: -7- TO PREVENT DISBURSEMENT OF FUNDS Petitioner, DOM GIORDANO, by and through his counsel, Philip J. Berg, Esquire, respectfully requests this Honorable Court grant a Preliminary Injunction post hearing in the captioned matter for the following reasons: 1. The Petitioner incorporates by reference his Petition For Review requesting Declaratory and Preliminary and Permanent Injunctive Relief. 2. The Petitioner incorporates by reference his Affidavit. 3. The Petitioner respectfully contends that he, as a citizen and taxpayer of the Commonwealth of Pennsylvania, will suffer irreparable harm when any monies are distributed in violation of the Pennsylvania Constitution under Senate Bill No. 10, the Capital Facilities Debt Enabling Act (hereinafter referred to as "Act"), which was signed into law on February 9, 1999, inclusive of, but not limited to:
4. The Petitioner contends that he has no adequate remedy at law. 5. The Petitioner contends that the legislation is actually a "loan" which is not allowed by the Pennsylvania Constitution. WHEREFORE, the Petitioner, by his counsel, respectfully requests this Honorable Court grant Preliminary Injunctive Relief as follows:
DATED: FEBRUARY 11, 1999 -11- VERIFICATION I, DOM GIORDANO, hereby state that I am the Petitioner in this action and verify that the statements made in the foregoing MOTION FOR PRELIMINARY INJUNCTION POST HEARING are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ____________________________ -12- IN THE COMMONWEALTH COURT OF PENNSYLVANIA
ORDER SUR PETITION FOR REVIEW
AND NOW, this day of February, 1999, after reviewing Petitioner, DOM GIORDANO's Petition for Review Requesting Declaratory Relief to Prevent Disbursement of Funds for Four (4) Stadiums and any responses thereto, it is hereby ORDERED and DECREED that:
and thereafter:
and
________________________ J. Law offices of: IN THE COMMONWEALTH COURT OF PENNSYLVANIA
-15- PETITION FOR REVIEW: REQUESTING DECLARATORY The Petitioner, DOM GIORDANO, by and through his counsel, Philip J. Berg, Esquire, respectfully requests this Honorable Court grant this Petition For Review for the following reasons: I. JURISDICTION 1. This Honorable Court has jurisdiction over this matter by reason of 42 Pa.C.S. Section 761. II. PARTIES 2. The Petitioner, DOM GIORDANO, is an adult individual and is a citizen and taxpayer of the Commonwealth of Pennsylvania with a business address of WWDB Radio, Levering Mill and Belmont Avenue, Bala Cynwyd, PA 19004. 3. The Respondent, TOM RIDGE, is the duly elected Governor of the Commonwealth of Pennsylvania, and as the Chief Executive Officer is obligated to execute the laws of the Commonwealth in compliance with the Constitution of the Commonwealth of Pennsylvania with a principal place of business of 225 Main Capitol, Harrisburg, Pennsylvania 17120. -16- 4. The Respondent, COMMONWEALTH OF PENNSYLVANIA, is a Commonwealth with powers and limitations as set forth pursuant to the Pennsylvania Constitution and laws of the Commonwealth of Pennsylvania with a principal place of business c/o Office of Administration, 405 Finance Building, Harrisburg, Pennsylvania 17120-0029. 5. The Respondent, MIKE FISHER, is the Attorney General of the Commonwealth of Pennsylvania elected to ensure Constitutional compliance of all legislation with a principal place of business at 16th Floor, Strawberry Square, Harrisburg, Pennsylvania 17120. 6. The Respondent, CITY OF PHILADELPHIA, is a political subdivision of the Commonwealth of Pennsylvania, and is a party to the proposed transaction regarding the funding of two (2) of the four (4) stadiums, with a principal place of business c/o City Solicitor, Law Department, 1600 Arch Street, 8th Floor, Philadelphia, PA 19103. 7. The Respondent, CITY OF PITTSBURGH, is a political subdivision of the Commonwealth of Pennsylvania, and is a party to the proposed transaction regarding the funding of two (2) of the four (4) stadiums with a principal place of business c/o City Solicitor, JACQUELINE MORROW, ESQUIRE, City of Pittsburgh, Department of Law, 313 City County Building, Pittsburgh, PA 15219. -17- 8. The Respondents, at all pertinent times, acted under color of state law, statutes, ordinances and regulations. III. BACKGROUND and FACTS 9. On February 4, 1999, the Pennsylvania House of Representatives passed a Bill and thereafter sent it to the Pennsylvania Senate which became Senate Bill No. 10 of 1999 which was passed on February 4, 1999 an Act known as the Capital Facilities Debt Enabling Act (hereinafter referred to as "Act"), which was signed into law by the Governor on February 9, 1999. 10. The "Act" provides for, in part, the funding of four (4) stadiums, two (2) each in Philadelphia and two (2) each in Pittsburgh. 11. The Petitioner herein, DOM GIORDANO, claims that the enabling legislation, the "Act" herein, violates the Pennsylvania Constitution and specifically:
b. Article 8, Section 7:
in that this "Act" provides for a "loan" which the Constitution prohibits, in the guise of a "grant" which it is not. 12. Petitioner, DOM GIORDANO, claims that portions of the "Act" provide that the "grants" regarding the four (4) stadiums must be paid back and as such are in reality "loans" and in violation of the Pennsylvania Constitution, and specifically:
All of the above provisions are a unique way of funding but in reality are "loans" which are not allowed by the Pennsylvania Constitution. 13. Petitioner, DOM GIORDANO, requests within this Petition For Review a Preliminary Injunction and thereafter, a Permanent Injunction against the disbursement of the funds under the "Act" as irreparable harm will occur if this Honorable Court does not act immediately as one of the reasons for the rush in passing this "Act" is a rapidly approaching deadline for funding all of the four (4) stadiums and specifically, one (1) stadium in Pittsburgh, Pennsylvania under this "Act" and now that the law has been signed, any and all funds are available for distribution. 14. Petitioner, DOM GIORDANO, requests the Petition For Review and states:
IV. RELIEF REQUESTED 15. Paragraphs 1 through 14 are incorporated herein by reference. 16. The Petitioner, DOM GIORDANO, is seeking Declaratory Relief on the basis that the Capital Facilities Debt Enabling Act (hereinafter referred to as "Act") is unconstitutional since it provides monetary "loans" for the construction of the four (4) stadiums, and such "loans" are specifically prohibited by the Pennsylvania Constitution. 17. The acts and omissions of the Respondents, in allowing the passage of this Bill with provisions violative of the Pennsylvania Constitution into law, including their agents, servants and employees, were done while the Respondents were acting in their official capacities under color of state law and during their course and scope of their employment. -21- 18. The Petitioner, DOM GIORDANO, respectfully requests this Honorable Court hold that the aforementioned law violates the Pennsylvania Constitution and further, find that the Respondents, at all pertinent times, were acting under color of state law pursuant to the responsibilities and obligations under Pennsylvania statutes and the Pennsylvania Constitution. WHEREFORE, the Petitioner, DOM GIORDANO, respectfully requests this Honorable Court grant relief pursuant to this Petition as follows:
and thereafter:
and
DATED: FEBRUARY 11, 1999 -23- VERIFICATION I, DOM GIORDANO, hereby state that I am the Petitioner in this action and verify that the statements made in the foregoing PETITION FOR REVIEW are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
____________________________ -24- Law offices of: IN THE COMMONWEALTH COURT OF PENNSYLVANIA
-25- PROOF OF SERVICE I, PHILIP J. BERG, ESQUIRE, did serve a copy of the Petition For Review; Motion For Ex Parte Preliminary Injunction; and Motion For Preliminary Injunction Post Hearing on February 11, 1999 upon the following by Certified Mail, Return Receipt Requested in accordance with the Rules of Appellate Procedure. The Statements made in this foregoing Affidavit are true and correct to the best of my knowledge, information and belief.
________________________________ Attorney For Petitioner -26/27- AFFIDAVIT
COUNTY OF MONTGOMERY : Dom Giordano, being duly sworn according to law, states that he is a citizen and taxpayer of the Commonwealth of Pennsylvania, County of Philadelphia, with a business address of WWDB RADIO, Levering Mill & Belmont Avenue, Bala Cynwyd, Pennsylvania 19444. He states that he is suffering irreparable harm by the signing of Senate Bill No. 10 into law by Governor Ridge on February 9, 1999 which is the Capital Facilities Debt Enabling Act (hereinafter "Act") as to the funding of four (4) stadiums. He states that the Respondents have violated his rights in that their actions are violative of their responsibility to ensure Constitutional compliance of all legislation; that the "Act" herein provides a unique way of funding which in reality are "loans" which are not allowed by the Pennsylvania Constitution; furthermore, he will suffer irreparable harm when any monies are distributed in violation of the Pennsylvania Constitution in that, inclusive, but not limited to: incurring debt by the Commonwealth not authorized by the Pennsylvania Constitution; jeopardizing the status of the budget; burdening taxpayers with cost and interest of borrowed funds; and deprives future tax revenues from other projects such as improving schools or roads. Further, the Petitioner contends that he has no adequate remedy at law and will suffer irreparable harm. He states that he has read the Motion For Ex Parte Preliminary Injunction, the Motion For Preliminary Injunction Post Hearing and Petition For Review and finds them to be true and correct to the best of his knowledge, information and belief and he places his hand and seal to the same and incorporates them by reference. -28- ___________________________ Sworn To And Subscribed _________________________
|