3rd Street Parties to Submit Briefs on Feb 15

A hearing was held this week regarding the 3rd Street Project's Contempt of Court Petition and Common Pleas Court Judge James Proud ordered the parties to submit their arguments by Feb. 15.

In September, Broomall's Lake Country Club filed a contempt of court petition stating that , violates the May 2011 three-way stipulation agreement between the borough, Delaware County and BLCC.

Delaware County has not joined in the filing of the contempt of court petition however is a party to the petition due to the three-way stipulation agreement.

In November, Proud requested the parties come to a common agreement. However, no agreement has been reached.

Eugene Bonner, attorney representing BLCC, said the borough and BLCC each have maintained positions.

Both parties will submit written briefs or arguments to Proud by Feb. 15 and Proud will make a ruling. It was unclear whether the county would submit an argument.

Bonner said BLCC attempted to negotiate a resolution with Media Borough but the borough was not open to negotiations. Bonner would not comment on what those negotiations entailed.

Media Borough Solicitor Robert Scott explained the Feb. 15 deadline further saying there is a 10 day rebuttal period after briefs are submitted where either side can dispute the other's argument.

Proud can make a decision at any time after the briefs are submitted, Scott said.

Scott would not comment when asked if the borough refused to negotiate with BLCC.

According to All Things Media, Pa. Blog, BLCC offered the borough a one-way roadway agreement in exchange for no longer being responsible for the maintenance of the bridge, which had been agreed upon in the three-way stipulation agreement.

At Thursday's Media Borough Council meeting, Media resident Terry Rumsey referenced the All Things Media Blog post and asked council if BLCC did in fact offer a one-lane option in exchange for BLCC to be released from its legal responsibilities previously agreed upon.

Media Borough Council President Brian Hall said council can not comment because of pending ligation. The discussion Proud instructed the parties to have were to be held in confidence, Hall said.

"We respect that the judge asked us to meet in confidence and not to discuss these matters outside the three parties," Hall said. "...If it is the case that one of the parties has chosen to discuss this in public, well I think that is a shame that that has happened."

Rumsey, who is in favor of the one-lane, one-way option, responded that if it is true, he is encouraged that BLCC is possibly open-minded to the compromise.

"However, as a taxpayer, I would hope that this council would never barter one-way, one-lane in exchange for saddling Media taxpayers with 100 years of legal and financial responsibility for a dam that only preserves a private lake," Rumsey said.

He also suggested that Delaware County may be interested in assuming the entire responsiblity of the dam, which it now shares with BLCC.

Rumsey and the Friends of Glen Providence Park also wrote a letter to Delaware County Council requesting its support of the one-lane compromise recently. It was shared with Media Patch here.