Judge denies motion to stop government-study commission
STAFF REPORT
NEW CASTLE, Pa. — A common pleas judge has denied a motion to stop the Lawrence County Government Study Commission from meeting.
Senior Visiting Judge Michael Wherry heard arguments from Richard Audino for the motion Sept. 25 in Lawrence County Common Pleas Court. Audino, a retired attorney, pleaded his own case.
Audino is also on the 11-member study commission, which was approved by voters last November to study whether to recommend a new form of government for the county. He has decided that the county does not need to change its present three-commissioner form of government, and he made a motion July 2 at a commission meeting to stop the study. His motion passed 6-5.
But one of the members later changed his mind and the panel voted July 24 to continue studying a council-manager form of government.
Audino has been trying to argue that the July 24 vote was improper, at first because it resulted from a conspiracy — the member who changed his mind, Dwayne Evans, called the panel’s chairman to ask what to do — and because the second vote didn’t properly follow the meeting guidelines according to Robert’s Rules of Order.
After the hearing Sept. 25, Judge Wherry told the courtroom that no matter what his ruling on the preliminary injunction to stop the meetings, Audino’s complaint would still be heard by the court.
Judge Wherry issued his decision Oct. 16.
The judge said that a preliminary injunction is issued if an action would result in immediate and irreparable harm, and that is not the case with the study commission.
Judge Wherry also said that any monetary loss incurred by the county would not be of such a magnitude that it couldn’t be recovered if Audino is successful with his suit.