The validity of a 2015 SEDA-COG Joint Rail Authority vote on an operating agreement is the remaining issue before the court.
LEWISBURG – A state Supreme Court ruling has kept alive a challenge to the validity of a 2015 vote to award an Allegheny County railroad company the operating rights for five central Pennsylvania shortlines.
The initial issue in the legal battle was what constituted a majority of the authority. The authority maintained and Clinton County Judge Michael F. Salisbury agreed since 16 members were present, nine constituted a majority.A Commonwealth Court panel in 2018 reversed Salisbury, finding action may be taken by a majority of members voting as long as there is quorum.
Susquehanna Union wants a Clinton County judge to declare the 7-3 vote invalid and order the authority to start over the request for proposals process. The litigation also accuses Purcell of having improper contact with another shortline operator that was eliminated early in the process and with Susquehanna Union employees in violation of the authority’s code of conduct that all members signed.
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