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Berwick Area Landlord Association v. Borough of Berwick

March 14, 2007

BERWICK AREA LANDLORD ASSOCIATION, ET AL., PLAINTIFFS
v.
BOROUGH OF BERWICK, DEFENDANT



The opinion of the court was delivered by: Judge McClure

ORDER

BACKGROUND

A case management conference was held on March 8, 2007. Participating in the conference, in addition to the undersigned judge, were Bethany D. Hager, Esquire, attorney for plaintiffs, and Steven K. Ludwig, Esquire, attorney for defendant (both by telephone), and Franklin E. Kepner, Esquire, attorney for defendant (in person).

The conference was scheduled regarding plaintiff's motion for preliminary injunction and temporary restraining order, filed March 5, 2007. Counsel agreed during the March 8, 2007 conference to schedule the preliminary injunction hearing for April 12, 2007.

On March 9, 2007, counsel for defendant confirmed to the court by telephone that defendant agreed to refrain from enforcing the challenged ordinance until the court had ruled on plaintiffs' motion for a preliminary injunction.

On March 14, 2007, the court was advised by counsel that the Borough of Berwick would voluntarily refrain from enforcing the following provisions of the Borough of Berwick's Ordinance regulating residential rental unit occupancy and providing for inspections and penalties for noncompliance pending a hearing on the motion for a preliminary injunction:

! Section 141.4(2) of the Ordinance concerning the designation of a manager and Section 141.4(3) of the Ordinance concerning disclosure of the manager;

! Section 141.4(5) of the Ordinance requiring written rental agreements;

! Section 141.4(6) requiring registration of residential rental units;

! Section 141.4(16) concerning renting to illegal aliens; and ! Section 141.6 governing licensure requirements.

NOW, THEREFORE, IT IS ORDERED THAT:

1. A hearing will be held on plaintiffs' motion for preliminary injunction on April 12, 2007 at 10:00 a.m. in Courtroom No. 3, Third Floor, Federal Building, 240 West Third Street, Williamsport, Pennsylvania, continuing on April 13, 2007, if necessary.

2. Defendant shall have to and including April 3, 2007 within which to file its brief in opposition to the motion for a preliminary injunction.

3. Prior to commencement of the hearing, each party shall file proposed findings of fact ...


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