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Victory Sports holds Christmas party for special needs adults

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Happy birthday Julie Ann Younker!

WILKES-BARRE &#8212; Better late than never, in this case.Luzerne County Judge Michael T. Vough has ruled that Crestwood School District will gain a second seat on the Joint Operating Committee that runs the Wilkes-Barre Area Career and Technical Center.In doing so, Vough dismissed CTC Attorney Charles Coslett&#8217;s argument that Crestwood had filed its legal action too late.Crestwood first filed legal paperwork in September, arguing that the Articles of Agreement signed by the five districts belonging to the CTC clearly set representation on the JOC by district population. That has long meant five members from Wilkes-Barre Area, two each from Greater Nanticoke Area and Pittston Area, and one each from Hanover Area and Crestwood.The Articles of Agreement also say representation should be adjusted after each U.S. Census, and Crestwood argued that it was the only district of the five to see an increase rather than a decrease in population in the 2010 Census, surpassing GNA, and so should gain a seat while GNA loses one.In November, Crestwood sought an injunction barring GNA from appointing two members until the case was resolved. At a Dec. 10 hearing on that injunction, both sides agreed that Vough should rule on the injunction and the entire case.Coslett did not dispute Crestwood&#8217;s interpretation of the articles of agreement or the census data. In fact, he conceded that if the case were heard &#8220;in a vacuum,&#8221; Crestwood&#8217;s victory would be a &#8220;slam dunk.&#8221;But he argued Crestwood had waited too long to file the case, and that it should have been filed shortly after the new census numbers were released in 2011. Coslett said the case should fall under the legal doctrine of laches, in which court action is delayed so long the defendant is harmed by it &#8212; filing a property claim years after someone has moved in, for example.In his memorandum, Vough said laches does not apply here because GNA would not be harmed by a ruling in favor of Crestwood. The judge agreed with Crestwood&#8217;s argument: The three-year terms on the JOC for both GNA representatives expired this year, so no one was being forced off the board.&#8220;In addition,&#8221; Vough wrote, &#8220;Nanticoke benefited by having one more member on the committee since 2013, 2014 and 2015.&#8221;Vough ordered that, beginning 2016, Crestwood will have one more seat on the JOC and Greater Nanticoke Area one less.Adding a local connection to his memorandum, Vough cited a 1998 ruling in which the Pennsylvania Supreme Court laid out two elements that must exist in a successful laches defense, and said the CTC lacked both.The case cited: Stilp vs. Hafer. Wilkes-Barre native and long-time political activist Gene Stilp, now living in Dauphin County, sued Barbara Hafer, then state treasurer.Stilp argued a low-level radiation disposal act passed in 1993 was illegal, but lost the case because it was filed years after the act had been implemented, and the Supreme Court ruled laches applied.<div class="metaInfo"><bylineMeta>By Mark Guydishmguydish@www.timesleader.com</bylineMeta></div><div class="metaInfo"><shirttailMeta>Reach Mark Guydish at 570-991-6112 or on Twitter @TLMarkGuydish</shirttailMeta></div>

Judge gives second seat at Career Center to Crestwood