Almost seven years has passed since Scranton City Council blocked what would have been Phase III of the Village at Tripp Park residential development by tabling a land development agreement for the project.
A lawsuit over that decision is still winding its way through U.S. District Court.
On Friday, Judge Robert D. Mariani heard arguments from attorneys for the city and Northeast Land Development LLC on the issue at the heart of the case - whether the council was acting in a legislative role or an adjudicative capacity when it tabled the agreement.
By law, an action that is legislative in nature does not entitle a property owner to procedural due process.
In suing the city in 2008, Northeast Land claimed its due process rights were violated when council decided in February 2006 not to act on a city planning commission-approved plan for the third phase of the development. Council members had concerns at the time about problems with the development's two earlier phases.
The developer's agreement to purchase the 25 acres in question subsequently expired. In 2009, the Scranton School District acquired the property for the new Isaac Tripp Elementary School.
Attorney Bruce J. Phillips, representing Northeast Land, told Judge Mariani the process and criteria for land development proposals are set forth in the law for a reason. Once the development was approved by the planning commission, council's role became "almost perfunctory," he said.
"What would be the point," Mr. Phillips asked rhetorically, "if they can just make things up as they go?"
The city's attorney, Erin A. Brennan, told Judge Mariani the argument that council acted legislatively is bolstered by a previous ruling in the case.
In dismissing individual council members as defendants in 2008, U.S. District Judge James M. Munley found their actions to be "quintessentially legislative" and ruled they were absolutely immune from all claims in the case.
Ms. Brennan said if the council members' actions individually were legislative in nature, their collective action should be, too.
Northeast Land is seeking monetary damages from the city. No trial date has been scheduled.
Contact the writer: dsingleton@timesshamrock.com