The landfill lawyers are grasping at straws in a desperate attempt to get Mayor Burke’s veto overturned. It’s funny that years ago when Throop’s Mayor vetoed a zoning ordinance in favor of the landfill, it was all good. But now that the veto has worked against them, suddenly it’s “invalid.” More bully tactics—if our strongman can’t scare you, maybe our fancy lawyers can. As Mayor Burke said, “Let’s go to court.” We will not back down.

Excerpts:

DUNMORE — Keystone Sanitary Landfill attorneys contended Monday that the mayor’s veto of a controversial zoning amendment is invalid.

Following a council work session Monday, which did not have a quorum, landfill attorneys David Overstreet and Jeffrey Belardi cited a recent court case where the Lawrence County Court of Common Pleas ruled that a city mayor’s veto of a zoning amendment was null and void.

The Lawrence County ruling from Oct. 9 says only city council has the power to enact, amend or repeal zoning ordinances — not the mayor.

“Mayors ... are to have no involvement whatsoever when the city council takes up zoning legislation,” according to the ruling.

Landfill opponents disagree.

“A veto, under the borough code, is allowing the mayor to simply exercise his or her authority to approve or disprove the ordinance presented to them,” said Pat Clark, a leader of anti-expansion grassroots group Friends of Lackawanna.

Clark also noted that the decision only came from a county court, and it pertained to a third class city, not a borough. As a result, the court analyzed the state’s Optional Third Class City Charter Law and not Pennsylvania’s borough code.

“To say it’s authoritative and persuasive is not, in my opinion, correct,” Clark said.

“Even if the mayor’s veto were valid, which we don’t think it is ... all it would do is remove the clarifying amendment,” Overstreet said.

The landfill would not have dedicated the time, energy and money that it has if it were “so unconcerned with a mere clarification,” Clark said.

“I think their actions speak louder than their words,” he said. “There’s a reason they want this.”