Strip Club Boss Loses Round in Court: Wilkes-Barre Township Will Not Have to Post a $1 Million Bond While Appealing a Court Decision That Allows the Business to Open, the State?S Highest Court Rules.
Posted on: Wednesday, 28 December 2005, 12:00 CST
By Terrie Morgan-Besecker, Wilkes-Barre, Pa., Times Leader, Wilkes-Barre, Pa., Times Leader
Dec. 28--WILKES-BARRE TWP. -- The owner of a proposed strip club has lost his battle to force the township to post a $1 million bond while it appeals a court ruling that allowed the club to open.
The state Supreme Court on Tuesday refused to hear to hear an appeal filed by attorneys for Club 10 Plus. The appeal sought to overturn a prior ruling by a lower appellate court that vacated the bond. The refusal means the lower court ruling stands.
Sal Scalzo, owner of the club, has been trying for months to force the township to post a bond while the township appeals an April ruling by President Judge Michael Conahan that ordered the township to allow the club to open.
Conahan said the township erred by not giving Scalzo a hearing on his application for a permit for the club.
Scalzo's attorney, Elaine Cook, has argued Scalzo is losing up to $58,000 a week by not being able to open while the appeal is pending before Commonwealth Court.
In May, Conahan agreed and ordered the township to post the bond. That decision was vacated by the Commonwealth Court, which led to the latest appeal.
In a related matter, Commonwealth Court last month heard arguments regarding the merits of the township's appeal. John Rodgers, an attorney for the township, said a decision on the case is expected within three to six months.
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 829-7179
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Source: The Times Leader (Wilkes-Barre, Pa.)
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