PA Supreme Court Session recorded on April 13, 2021
00:02 - WELCOME TO
00:07 - IN COURT. IT'S MY FIRST
00:08 - OPPORTUNITY TO HEAR AS THE
00:11 - CHIEF JUSTICE WANT TO THANK ALL
00:13 - MY CALL WE'VE BEEN SO
00:15 - GRACIOUS IN
00:16 - YOU AND THEN OBVIOUSLY
00:19 - ESPECIALLY WANT TO THANK MY
00:21 - DEAR FRIEND AND COLLEAGUE.
00:23 - SAILOR THE REMAINS A VALUABLE
00:26 - MEMBER
00:26 - FOR HIM. THE EERIE PLACE FOR
00:29 - THE MEDIA IS THE VISOR IN
00:31 - COLLEGE AND AND I IN
00:34 - IN SHOWS THE CAUSE
00:36 - IF YOU THE ONE YEAR WE OUGHT TO
00:43 - WHERE ME
00:46 - I LOOK FORWARD TO HEARING THE
00:48 - BACK END. IT WILL BE
00:51 - IN THIS SAME DIRECTION TO
00:53 - KEEP THE BAYLOR LEAD TO A FINE
00:55 - FOR THAT I'M PROUD TO BE A
00:56 - MEMBER OF THE NOW TO BE THE
00:57 - KEY. OUR FIRST
01:02 - IT IS I DO SO OR AT FIRST IS
01:05 - THE EURO WORKERS COMPENSATION.
01:07 - AND IT POSED
01:08 - TO ME IN A ROW IT'S HE WHO
01:11 - ENTERED THE BACK IT.
01:13 - I THINK IF YOU WERE RIGHT.
01:16 - THE COUNCIL WHICH IS HEADED BY
01:18 - MISS APPREHEND. CERTAINLY THAT
01:21 - WOULD BE IN ALL
01:21 - OF US. IN 2,400 STRONG SUFFERED
01:25 - A WORKPLACE INJURY. AFTER WHICH
01:28 - HE WAS
01:28 - THE THIS SCRIBE MEDICATION FOR
01:31 - TO DISPENSE BY A PHARMACY WHICH
01:33 - WOULD BE A TELE HERE
01:35 - ITALY REVIEW WITH THE WORKERS
01:38 - COMPENSATION AND WITH THE
01:40 - PHARMACY. IT'S NOT PERMITTED TO
01:43 - CHANGE. IT WAS THE TURN
01:45 - CLAIMANTS RELEVANT MEDICAL
01:46 - TREATMENT. IT INCLUDES THE
01:48 - FIFTY-FIFTY WE'RE NOT
01:50 - REASONABLE OR NECESSARY.
01:53 - THE COMMONWEALTH COURT UPHELD
01:55 - THAT PROSPECTIVELY ONLY NOR THE
01:59 - PROVIDERS SUCH AS THIS PHARMACY
02:01 - SHOULD BE AFFORDED NOTICE AND
02:02 - THE OPPORTUNITY TO ESTABLISH
02:06 - THIS EVENING
02:07 - IN POINT OF THE PERMANENT
02:08 - MEDICAL TREATMENT IS NECESSARY
02:10 - FOR
02:11 - A REASON THEY DID BRADLEY BIG
02:13 - ISSUE IN A STATE WHERE THE
02:14 - PRICES ARE HAS BEEN ON TREATING
02:16 - PROVIDERS WHICH IS
02:17 - THE PHARMACY. IF I'M READING
02:20 - THIS IN YOU KNOW THERE'S A NEW
02:21 - U.
02:22 - THIS COURT TO WORK IS DONE.
02:33 - BEFORE YOU FOR A REPRESENT BEEN
02:35 - REPRESENTS THE WORKERS
02:36 - COMPENSATION BUREAU AND THE
02:37 - OTHER. I MEAN SURE ARE.
02:41 - YEAH, I UNDERSTAND YOU'RE GOING
02:42 - TO DIVIDE YOUR TIME. THE POLICE
02:44 - SAID IN ADVANCE THAT WE HAVE.
02:47 - TO THE DEFERRED TO IN THE PAST
02:48 - BEEN NO PILING ON
02:53 - IF WE ASK THE QUESTION.
02:55 - THE FIRST TO YOU TO ARGUE THAT
02:57 - IS BETTER
02:57 - ADDRESSED THAT FEEL FREE TO
02:59 - TELL US VOTING EVERY
03:01 - WHOEVER WOULD ARGUE SECOND WILL
03:03 - REMEMBER TO GET
03:04 - IT WITHOUT IF YOU'RE SIPPING
03:07 - OVER EACH OTHER AT THIS.
03:09 - I WILL RESPECT TO STOP.
03:12 - WHOEVER IS ARGUING FOR SLEEPING
03:13 - IN HIS CELL 5 MADE SOME MISTAKE
03:15 - WITH THE SNOW AND PROCEED.
03:17 - THE 2 MINUTES, IT THERE.
03:19 - MUCH WE WILL TRY VERY HARD TO
03:21 - NOT INTERRUPT.
03:25 - MY NAME IS KELLY SMITH AND I
03:26 - REPRESENT THE DEPARTMENT OF
03:27 - LABOR AND INDUSTRY AND IS 0
03:29 - WORKERS COMPENSATION THIS
03:30 - MATTER.
03:31 - I WILL ADDRESS YOUR QUESTIONS
03:33 - REGARDING SEPARATION OF POWER.
03:34 - THE CONSISTENCY OF THE
03:36 - DEPARTMENT'S REGULATIONS YES,
03:38 - AND MY COLLEAGUE MISTER MCCOY.
03:40 - WE'LL ADDRESS QUESTIONS
03:41 - REGARDING THE IMPACT OF THE
03:43 - HOLY ON INSURANCE CARRIERS THIS
03:45 - IS.
03:46 - THE PENNSYLVANIA WORKERS
03:48 - COMPENSATION ACT EXISTS TO
03:49 - COMPENSATE INJURED WORKERS FOR
03:51 - WEIGHT LOSS AND MEDICAL
03:53 - EXPENSES COM FIREWORK-RELATED
03:54 - INJURIES. IT DOES
03:56 - NOT EXIST. FOR THE
03:57 - BENEFIT FOR TO COURT TO CREATE
04:00 - A RISK FREE BUSINESS MODEL FOR
04:02 - PHARMACIES AND OTHER NON
04:03 - TREATING AND PEACE. THAT'S
04:05 - SIMPLY FILL THE ORDER THE
04:06 - TREATING PHYSICIAN.
04:11 - WITH A ONE SENTENCE HOLDING
04:13 - ON THE UTILIZATION REVIEW
04:15 - PROCESS A PROCESS THAT WAS NOT
04:16 - EVEN BEFORE IT.
04:18 - THE CASE BEFORE COMMONWEALTH
04:19 - COURT WAS A MEDICAL FEAR OF YOU
04:24 - IN THAT ONE SENTENCE THE
04:26 - COURT SIGNIFICANTLY ALTERED THE
04:27 - LEGISLATIVE SCHEME CREATED BY
04:29 - THE GENERAL ASSEMBLY. THE QUICK
04:31 - ACTION ON MATCHING THAT'S KINGS
04:33 - A VIOLATION OF THE SEPARATION
04:34 - OF POWERS DOCTRINE THAT CAN
04:35 - ONLY STAND IF IT IS NECESSARY
04:37 - TO REMEDY THE PROCESS VIOLATION.
04:40 - HERE THERE IS NO DUE PROCESS
04:41 - VIOLATION REPORT WAS WRONG.
04:44 - WE KNOW THAT BECAUSE THE UNITED
04:46 - STATES SUPREME COURT IN THE
04:48 - SOLID CASE INTERPRETING THIS
04:50 - PRECISE SECTION. THE
04:52 - PENNSYLVANIA WORKERS
04:53 - COMPENSATION ACT. HOW THAT
04:55 - THERE CANNOT BE IN A TITLE
04:56 - MEANT MEDICAL PAYMENT FOR
04:58 - MEDICAL BENEFITS.
04:59 - UNLESS AND UNTIL NOW THE
05:01 - TREATMENT IS DETERMINED TO BE
05:02 - REASONABLE
05:03 - AND NECESSARY THAT IS WHAT THE
05:05 - UTILIZATION OF THE PROCESS OF
05:07 - DRESSES. BY
05:08 - CREATING A THE RIGHT TO
05:10 - INTERVENE IN THOSE PROCEEDINGS.
05:13 - A COURT HAS
05:14 - SIGNIFICANTLY UPSET A
05:16 - COMPREHENSIVE LEGISLATIVE
05:18 - SCHEME DETERMINED TO DO IT IS
05:20 - TO SPIRITS AND GIVEN A ROLE TO
05:22 - THE PARTY THAT HAS NOTHING TO
05:23 - OFFER TO THAT PROCEEDING.
05:25 - THESE NIKE T'S DO NOT THERE
05:28 - ARE CLIMATE. THEY ARE NOT AWARE
05:30 - OF CLAIMANTS. THE DIAGNOSIS.
05:32 - IT HELD BACK
05:33 - THEN THE TREATMENT PLAN FOR THE
05:35 - CLIMATE THEY MERELY FILLING
05:37 - ORDERS. THEY HAVE NOTHING TO
05:38 - OFFER WITH REGARD TO REASONABLE
05:39 - DESOUSA CITY, SOMETHING THAT IS
05:41 - DETERMINED BY A SPECIALIST OF
05:44 - LIGHT LICENSE.
05:46 - AND SPECIALTY TO BE TREATING
05:48 - PHYSICIAN. THE BIG FEAR HERE
05:50 - TO MINUTE.
05:53 - WELL QUESTION FROM MY
05:55 - COLLEAGUES.
05:55 - THEY COULD ALWAYS ACT, BUT
05:57 - HONESTLY, THE FIRST OUT.
05:59 - I'M NOT SURE INCORRECT
06:05 - IT'S THE END OF THE SEPARATION
06:07 - OF OUR FACEBOOK SITE THAT A
06:10 - LONG WAY TO APPROACH IF
06:12 - IN DOUBT. THIS REPORT
06:15 - GRANNY WE HEARD THAT
06:17 - THE STATUTE. FACE OF THE STATUE
06:20 - BY THE PROCESS OF BEING HERE
06:23 - YOU'LL OF THE COURT GOING BACK
06:25 - TO MORE MARBURY
06:26 - VERSUS MADISON. THE 4TH THE
06:28 - CONSTITUTION AND THAT'S
06:29 - CERTAINLY NOT A DEPRIVATION NY
06:32 - INFRINGE ON THE SEPARATION OF
06:36 - PROCESS VIOLATION EXIST I AGREE
06:38 - WITH YOU YOU'RE ON.
06:39 - AND HERE IS THAT NEW I LISTEN
06:41 - TO THIS THERE'S MORE TO IT THAT
06:44 - WAY.
06:47 - I THOUGHT I JUST DID ARGUE THAT
06:48 - WAY YEAH.
06:50 - THE CAPITAL THIS IS JUSTICE
06:51 - PARTY AS WE KNOW FROM FOLLOWING
06:54 - A DEPRIVATION DUE PROCESS FOR
06:56 - THE DEPRIVATION OF A
06:57 - PROPERTY INTEREST. HOW IS IT
06:59 - NOT BE ARGUED THAT THE PROPERTY
07:02 - INTEREST FOR THE PHARMACY
07:04 - IS ACTUALLY.
07:05 - IT'S A FINANCIAL EXPENDITURE
07:08 - IN PURCHASING THOSE OUR
07:10 - PRODUCTS THAT ARE
07:11 - BEING DISPENSED. HER A VALID
07:13 - PRESCRIPTION AT THE TIME OF
07:15 - DISPENSING HOUSE BAT NOT
07:16 - CONSIDERED CONSTRUED SEPARATE IN
07:18 - THE HEART. THEIR ABILITY IS A
07:21 - VIOLATION OF DUE PROCESS FOR
07:22 - YOU ARE NOT INCLUDED THAT.
07:25 - BECAUSE YOU
07:26 - ARE NOT CARMEN YOU IT'S NOT TO
07:29 - DETERMINE
07:30 - PAYMENT ISSUES IN GENERAL IT'S
07:32 - THE TERM GETS TO DETERMINE
07:33 - PAYMENT UNDER THE WORKERS
07:34 - COMPENSATION ACT AND IF THE
07:36 - TREATMENT IS NOT REASONABLE AND
07:38 - NECESSARY REGARDLESS OF ANY
07:39 - EXPENDITURE. IT CAN'T BE
07:41 - REIMBURSED BY THE WORKERS
07:42 - COMPENSATION INSURANCE CARRIER.
07:44 - AND WHEN YOU HEAR THAT COULD
07:46 - TAKE THIS TO THE LOGICAL
07:47 - EXTREME. IF THEY'RE NOT
07:49 - PERMITTED TO RECOVER
07:50 - FROM THE INSURANCE WHERE ARE
07:51 - THEY SUPPOSED TO GET THE
07:52 - RECOVERY FROM THERE ARE.
07:54 - AND THE NUMBER OF FACTUAL
07:56 - SCENARIO QUITE FRANKLY YOUR
07:58 - HONOR AND I WOULDN'T WANT TO
07:59 - SIT HERE AND SPECULATE OR RUN
08:00 - THROUGH THEM ALL CERTAINLY
08:02 - THERE COULD BE OTHER LIBEL
08:04 - INSURANCE CARRIERS. MANY TIMES
08:06 - WORK-RELATED INJURIES ARE I
08:08 - PROMISED LIABILITY OR 3RD PARTY
08:10 - COURT CASE. IF THERE ARE ANY
08:13 - NUMBER OF OTHER OTHER PLACES
08:15 - THEY COULD GO. IN ADDITION
08:17 - TO THAT THIS IS A SYSTEM THAT
08:19 - THEY HAVE ENTERED INTO KNOWING
08:21 - THE RISKS.
08:24 - AND IT'S A BUSINESS MODEL THAT
08:25 - THEY'VE CHOSEN.
08:31 - NOT PLAYING GOOD
08:32 - HOCKEY PRACTICE. WHY ISN'T THE
08:35 - PATIENT ULTIMATELY RESPONSIBLE
08:37 - FOR THE TEAM AND FOR THOSE DRY
08:39 - SEASON IS IN ANY TYPE OF
08:42 - ESSENTIALLY GET DIE IN DONA T
08:44 - I. I MEAN I
08:47 - GUESS I'M I'M A LITTLE BIT
08:49 - CONFUSED AS TO WHY THE PATIENT
08:50 - IS OFF THE BLOCK IT ANY
08:52 - INSURANCE CARRY YOU GUYS IN PAY.
08:58 - HAVING CLAIMANTS PAY
09:00 - FOR TREATMENT THAT BEING SAID I
09:02 - DON'T KNOW THAT IT IS ENTIRELY
09:04 - CLEAR THAT THEY ARE.
09:06 - I DON'T THINK THAT'S REALLY
09:07 - BEEN LITIGATED IN THIS.
09:09 - BUT LET ME LET ME FOLLOW UP
09:10 - WITH THAT THE ACT IS CLEAR THAT
09:12 - THEY
09:12 - DON'T FAVOR. I EMPLOYEES WHO
09:16 - ARE INJURED
09:19 - GET REASONABLE NECESSARY
09:21 - TREATMENT TO HAVE A.
09:23 - I YOU KNOW
09:24 - THE DIED AFTER UNDERGOING THE
09:27 - TREATMENT THAT THAT IS GIVEN
09:29 - INCLUDING PHARMACIES ONE SAYS
09:31 - THAT HER MONEY TO BE MADE THAT
09:33 - IT'S NOT REASONABLE OR
09:34 - NECESSARY. IT DOES IT
09:37 - DOESN'T FAT AND YOU KNOW YOU RE
09:39 - GETTING TIRED NOTION THAT
09:41 - THE YEAH GUYS I FAVOR THE
09:44 - PATIENT
09:46 - I AGREE WITH YOU THAT ONCE IT
09:48 - IS DETERMINED NOT TO BE
09:49 - REASONABLE AND NECESSARY IT'S
09:50 - NOT TREATMENT UNDER THE WORKERS
09:51 - COMPENSATION ACT AND THAT POINT
09:54 - OUTSIDE OF THAT
09:55 - THE PURVIEW OF THE WORKERS
09:56 - COMPENSATION AUTHORITY TO PAY
09:58 - FOR IT.
10:01 - BE SAYING AT A PLACE IN THAT
10:03 - THE INJURY THEY CAN STAY IN THE
10:05 - 4 THINGS GO THE BLANK SO
10:07 - DIFFERENT.
10:09 - NO DIFFERENT IF THE
10:10 - TREATMENTS NOT NOT REASONABLE
10:12 - OR NECESSARY, IT'S NOT RENDERED
10:13 - UNDER THE ACT AND THAT NONE OF
10:14 - THE ACT PROVISIONS APPLY.
10:16 - AND I CAN I JUMP IN AND ASK
10:18 - YOU A FOLLOW-UP ON THIS
10:19 - QUESTION. THE COUNCIL.
10:23 - 2 DIFFERENT
10:24 - THINGS HERE RESPONSE TO MY
10:26 - COLLEAGUES QUESTIONS ON THE ONE
10:27 - HERE. IT SAID YOU COULD
10:29 - IMAGINE, IMAGINE THE NUMBER OF.
10:34 - IF YOU LOSE THE SOUTH SIDE OF
10:35 - THE LOT LIKE SUFFOCATION THEORY.
10:45 - A VISION OF CONTRACT CLAIM BY
10:47 - THIS ATION I'M SORRY BY THE
10:56 - AS YOU ALLUDED TO EARLIER, THIS
10:58 - IS THE COST OF DOING BUSINESS.
11:04 - SO THAT IS SOME CAUSTIC ALWAYS
11:07 - GOOD TO HAVE.
11:16 - I THINK IT COULD BE EITHER
11:17 - YOU'RE ON BASED ON THE FACTS OF
11:19 - ANY PARTICULAR INDIVIDUAL CASE.
11:22 - IT'S NOT EVERY CASE IS GOING
11:24 - TO HAVE THE SUMMER EDITION
11:26 - POSSIBILITY OR A 3RD PARTY
11:28 - ACTUALLY ASSOCIATED WITH IT BUT
11:29 - SOME WELL.
11:31 - SETTLE I THINK IN SOME
11:32 - CIRCUMSTANCES THERE MAY BE
11:34 - OTHER PAY OR IS
11:35 - AVAILABLE AND IN OTHER
11:36 - CIRCUMSTANCES IT MAY BE A COST
11:38 - OF DOING BUSINESS THAT
11:39 - SOMETHING PHARMACIES RIGHT.
11:41 - YES, AGAINST ALL HERS OUTSIDE
11:43 - OF THE WORKERS. THE
11:43 - STATION ACT. SO IF YOUR
11:45 - QUESTION FROM THE INSURANCE
11:47 - CARRIERS PERSPECTIVE MIGHT BE
11:48 - BETTER ADDRESSED. THE MYSTERY
11:50 - OF WHO I. THE YOU
11:52 - KNOW ONE SITS OUTSIDE THE
11:53 - PURVIEW OF THE APP IT'S NO
11:55 - LONGER. IT'S NO LONGER
11:57 - APPROPRIATE.
12:01 - THE LIVE ACTION REVIEW PROCESS.
12:10 - IF IT APPEARS.
12:12 - IF THE IF THE
12:15 - THAT'S THE QUESTION YOU LIKE
12:17 - THE SAME SUMMER.
12:21 - WE WOULD REQUEST
12:22 - THAT YOU. REVERSE THE
12:24 - COMMONWEALTH COURT TO THE
12:25 - EXTENT THAT THEY MADE THIS ONE
12:27 - SENTENCE PULLING. ALTERING
12:29 - UTILIZATION REVIEW PROVIDE FOR
12:31 - NOTICE WITHOUT EVEN TELLING US
12:33 - WHO IS TO GET THAT NOTICE.
12:34 - THANK YOU.
12:39 - THIS MORNING. MY NAME IS COY
12:41 - ABOUT THE CARE I JUST HAVE ONE
12:43 - QUICK OPENING STATE WHICH IS
12:45 - THE PENNSYLVANIA WORKERS
12:46 - COMPENSATION THAT IT'S A
12:48 - LEGISLATIVE REALLY CREATED
12:49 - SCHEME TO GOVERN THE
12:51 - RELATIONSHIP BETWEEN THE FOYER
12:53 - IN JAPAN FOR YOU. THE PROBLEM
12:56 - WITH THIS WHOLE THING IS
12:57 - IT MAKES THE NON HEALTH CARE
13:00 - PROVIDERS. A BENEFICIARY UNDER
13:03 - THEY'RE JUST FACTS
13:04 - THOUGH THINGS ARE LITIGATED
13:06 - IN THE PROCESS FOR THE FIELD IS
13:08 - BEING HELD CLAD ONLY IN HIS
13:11 - BOOK AND YOU ARE THAT TOOK PLACE
13:12 - YEARS AGO. SO THE ONLY THOSE
13:15 - OPEN STATE IN THE WEST.
13:20 - YOU JUST TO BE FAIR THE
13:25 - THE RECORD WAS ASKED ABOUT.
13:27 - ONCE IT'S OUTSIDE
13:29 - WORKERS COMP IS IT JUST A
13:32 - THERE'S 3 IN CONTRACT. COOL
13:35 - YOURS FOR ITS MIDST, THE.
13:39 - THE DRUG. IT PROVIDES BROAD YOU
13:41 - HAVE AN HOUR THE
13:43 - BOY TO IF YOU'RE NOT PAID FOR
13:45 - IT YOU CAN BRING AN ACTION
13:47 - AGAINST THE DEVIL YOU PROVIDE
13:48 - THE RIGHT. IT'S A CASE. IF THE
13:51 - MONEY WOULD BE WRONG.
13:54 - IT'S TO HOW THE POLICY UNDER
13:56 - THE ACT SO I CAN PLAY IN THE
13:58 - WEST. I'M SORRY. IT'S FEELING
14:01 - FOR A SECOND.
14:02 - THE UNIVERSE A GROUP YOU SAID
14:04 - THAT. IN THIS MEDICAL
14:07 - PATIENTS NOT IS THE COURT
14:08 - NECESSARY. YOU ARTICULATE YEAH.
14:14 - YOU HAVE NO OBLIGATION, OKAY.
14:30 - I'M TRYING TO THINK OF THIS
14:31 - WOULD WORK MYSELF GO AHEAD.
14:33 - SO SO WHAT I WOULD SAY THE
14:35 - PURPOSE OF UTILIZATION OF THE
14:37 - BUSES IS ON WHAT MEDICAL
14:39 - PROCEDURE IS BENEFICIAL TO
14:41 - INJURED. WORK. IT IS NOT A REAL
14:44 - RECOVERY PROCESS. THERE IS A
14:46 - LIST IN THE SYSTEM BY THE
14:48 - CLINIC IS IT MEDICAL THAT
14:51 - WHATEVER IS BEING PROVIDED THE
14:53 - YEARS OF WORK.
14:53 - IT'S NOT UNUSUAL NECESSARY IN
14:56 - UNDER THE WORKERS COMPENSATION.
14:58 - IT'S NOT GOING TO
15:00 - THEY'LL. WE KEEP TALKING ABOUT
15:02 - THE BUSINESS MODEL IS IN EFFECT
15:04 - FOR THE BILL HERE.
15:05 - THERE'S A LOT OF THESE
15:07 - PHARMACIES RECEIVE
15:08 - THE PRESCRIPTIONS ALL AND THEY
15:10 - JUST START FEELING THE
15:12 - DIFFERENT THAN IF YOU WERE TO
15:13 - GO TO A CVS OR WALGREENS.
15:16 - THEY CONTACT THE
15:17 - INSURANCE COMPANY. THEY DIDN'T
15:19 - TELL YOU EITHER WE'RE GOING TO
15:20 - LIVE OR YOU MAY OVERLOOK.
15:23 - HERE THERE'S A DIFFERENT
15:24 - PROCESS.
15:25 - AND THERE'S ALSO SOME QUESTIONS
15:27 - THAT YOU'RE
15:27 - DIFFERENT LEVEL AS TO WHETHER
15:29 - THE POSITIONS WERE EVEN WRITING
15:33 - VOTERS. SO IT IS A BUSINESS
15:35 - MODEL.
15:37 - TO ENSURE THAT THE PHARMACIES
15:39 - AS SOON AS THEY FILL A
15:40 - PRESCRIPTION. THEY'RE GOING TO
15:41 - GET IT AND THE ARGUMENT IS THAT.
15:44 - BECAUSE A PLACE OF HIS OWN
15:47 - PEOPLE AND THE NECESSARY.
15:48 - WE
15:48 - SHOULD PARTICIPATE THE FOCUS OF
15:50 - THAT PROCESS IS ON THE PERSON
15:52 - BEING TREATED AND
15:54 - THE PEOPLE WHO ARE INVOLVED IN
15:55 - THAT THE PERSON BEING TREATED
15:57 - IN THE DOCTOR USE OR OTHER
15:59 - MEDICAL JUDGMENT TO DETERMINE
16:01 - THE TREATMENT PLAN FOR THIS
16:02 - INDIVIDUAL.
16:03 - SO IF THE BILLS THAT'S THE
16:05 - DECISION THE RISK THAT THE
16:07 - FUNDS. AND I GUESS ANOTHER
16:09 - FRONT THAT'S WHAT I WOULD SAY
16:10 - IS THAT THE MEDICAL BILLING IN
16:11 - GENERAL UNDER.
16:14 - BECAUSE WE HAVE LOST A GAME.
16:15 - LET'S SAY THERE'S A BILL FOR
16:17 - $100. THE MEDICARE VOTE THE
16:19 - BUILDING USED TO 16 O THE
16:22 - MEDICAL PROVIDER IN THE
16:24 - INTERVIEW SAY WELL UNDER THAT O
16:26 - D IT SHOULD BE A HOT. THAT IS
16:28 - THE TERM LIMITS 60 AT BARS.
16:33 - IN MEDICAL THE BODY TISSUE
16:38 - EVEN THOUGH WE BUILD A 100
16:40 - WE'RE NOT GOING TO GET IT
16:41 - THAT'S A BUSINESS RISTAINO WHEN
16:44 - THEY CAME ACROSS.
16:45 - CAN I JUMP IN OTHER BUSINESS
16:47 - CHRIS POINT COUNCIL.
16:50 - IN IN DECIDING THIS CASE IS IT
16:52 - APPROPRIATE OR IS IT NOT
16:53 - PROCREATE FOR THIS COURT TO
16:56 - THINK ABOUT.
17:11 - MY TAKE IN RESPONSE TO A
17:13 - REVERSAL HERE IN OTHER WORDS
17:16 - ARE THERE.
17:18 - CONSUMER AND FRIENDLY MEASURES
17:21 - THE LACK OF A
17:21 - BETTER TERM OF THE ONE MIGHT
17:23 - ANTICIPATE FARMERS PHARMACIES
17:25 - TAKING. IN ORDER TO PROTECT
17:27 - THEMSELVES. AGAIN.
17:36 - SEE WE OUT THOUSANDS.
17:44 - IS IT IS IT FAIR.
17:52 - IT'S SOMETHING HE'S TOTALLY OUT
17:54 - OF BOUNDS IN YOUR VIEW.
17:56 - I SEE A VOTE FOR THIS REASON.
17:59 - THE WORKERS COMPENSATION SCHEME
18:01 - WAS CREATED BY THE LEGISLATURE
18:03 - AND THEN DETERMINE WHO THE LINE
18:05 - TO BENEFIT.
18:06 - WHAT A GAME TO GO BACK TO
18:08 - THE GO THE POLICIES ARE BASED
18:10 - WAS SAYING BECAUSE WE PROVIDE
18:12 - THERE IS LITTLE TO WIN THE NBA.
18:14 - IF WE GO INTO THE SOCIAL MEDIA.
18:17 - THE DECISION IF THEY DON'T GET
18:19 - THEIR BILLS. THEY DON'T JUST IN
18:21 - ALL FIELDS. THE CLEANUP.
18:24 - BUT NOW WE'RE
18:25 - DOING IS TRYING TO NOT WE BUT
18:27 - THAT THE FARM TO TRY TO CHANGE
18:28 - THE PROCESS WHEN IT COMES TO US.
18:32 - WHEN TITLE TO GET IN IN IN
18:34 - STAYING IN THE GREAT ISSUES OF
18:35 - THEM ALMOST ANYONE ELSE.
18:37 - AND IF I WOULD KILL YOU KNOW
18:40 - WHAT TO SAY THE LEAST EFFECT
18:41 - FOR THE
18:42 - 2 QUICK. THE ONE WITH A LOT OF
18:44 - THESE IS THE MAYOR OF THE MOTOR
18:46 - VEHICLE ACCIDENT OR SOMETHING
18:47 - ELSE. THERE MAY BE WHICH IS
18:51 - WHAT MICHAEL GOVE THE
18:52 - MOVIE REALLY AND SO THERE MAY
18:54 - BE ANOTHER INTERNSHIPS OR
18:56 - SYMBOL NEVER BEEN ON THE BOOKS.
18:59 - BUT ALSO WHEN WE COME
19:00 - BACK TO THIS FROM THIS.
19:04 - THE WAY FILLING THE WORKERS
19:06 - COMPENSATION. THEY'LL GO.
19:09 - IN OVER A DEBATE. THEY'RE SO
19:11 - WHY GO TO THE FIELD FOR 6 OR 7.
19:14 - THERE'S SOME PRETTY MUCH WHAT
19:16 - DOES A LOT OF PRETTY
19:17 - SIGNIFICANT AMOUNT OF.
19:20 - AND WHAT'S BEING SAID NOW IT
19:21 - WILL EVEN KNOW ABOUT THE BILL
19:23 - ILL IT BUT
19:25 - FOR ME AND NOW THEY'RE GOING TO
19:27 - RESET ENTIRE PASTA THOSE THEY
19:30 - DID KNOW THEY
19:38 - IN SEOUL. THAT'S WHAT WE SAY IN
19:40 - THE BUSINESS MODEL.
19:43 - ALL BECAUSE OF THINGS THAT ARE
19:45 - A LOWER LEVEL POSITION ONLY.
19:54 - SELL IT. AND YES, IT'S WORKED
19:56 - FOR HIM.
20:00 - IS THAT GOOD.
20:02 - AND PHARMACIES COULD STOP
20:04 - ACCEPTING A WORKERS
20:05 - COMPENSATION.
20:07 - AND THAT'S OBVIOUSLY GOING TO
20:09 - HAVE A.
20:14 - REST IT'S NOT WORTH THE RISK.
20:17 - WHAT I WOULD SAY THAT
20:18 - IS GOOD ONLINE PHARMACIES IN
20:21 - MORE RECENT PHENOMENON.
20:23 - IT WAS HIS HAVE BEEN FILLING
20:24 - PRESCRIPTIONS FOR WORK INJURIES
20:26 - AND INTO THE 40'S FOR
20:28 - THEY COULD.
20:29 - I UNDERSTAND YOU DON'T HAVE
20:30 - TO THEREFORE NOT GOING TO GET
20:31 - PAID THEY MAY NOT.
20:34 - NORMALLY THINGS ARE SET UP AND
20:35 - RUNNING. IN WHAT
20:37 - I MEAN IT PROVIDED WITH THE
20:39 - INFORMATION TO BUILD THE BASE
20:41 - OF THE FALLS THAT THAT'S
20:42 - HAPPENED
20:42 - SIGNIFICANT MEDICAL. WHAT STORM
20:45 - CHANGE HERE IS WE'RE DOING
20:46 - THESE COME FROM CLEAN. ALL IT
20:49 - IN.
20:50 - THE OMEN FOR MISSES THE
20:52 - PRESCRIPTIONS AND WE'RE GOING
20:53 - TO COME CLEAN LITTER. THE ONE
20:55 - TO $3,000. THERE'S AN AUTOMATIC
20:58 - PLEA EVERY MONTH.
21:01 - THAT'S THE DYNAMIC COULD
21:02 - CHANGE. AND I THINK WE SHOULD
21:04 - JUST PAY THE BILL THERE'S A NEW
21:06 - ENTITY BOWL AND THEY'RE SAYING
21:08 - THAT WELL BECAUSE THE BUILDING.
21:11 - LIFE JUST THE CHIEF JUSTICE
21:13 - THERE WAS IN THIS ONE HAS BEEN
21:15 - ASKED BEFORE AND GOT LOST
21:17 - BECAUSE I
21:18 - PLAYED WITH THE PHARMACY INTO
21:20 - PLACE AND THE QUESTION I FOLLOW
21:22 - THROUGH. BUT BOTH JUST AS DONNA
21:24 - WHO EARLIER JUST THE WAY IT IS
21:26 - IN JUST A MOMENT TOO. IT IS
21:29 - OUTSIDE THE COFFEE. BECAUSE THE
21:31 - UTILIZATION RATE YOU TURN.
21:34 - WHAT'S OCCURRING BETWEEN THE.
21:38 - CLAIMANTS IN THE FARMERS.
21:40 - THE REASON A
21:42 - BORDER NECESSARY. WHAT FOODS
21:44 - THAT WE FACE IN CONTRACT LAW.
21:46 - THE PHARMACY WHO HAS SINCE
21:50 - THESE FEES, GREENS TO THE.
21:56 - TO SUE THEM FOR THE MONEY.
22:00 - CALL WITH THE CLUE THAT IF
22:02 - WORKERS COP IS INVOLVED.
22:05 - I DON'T KNOW IF I COULD
22:06 - NECESSARILY TELL YOU WHAT THAT
22:07 - WOULD
22:08 - PRECLUDE THEM BECAUSE I HAVE
22:10 - BEEN REPRESENTING HIM TO WORK
22:12 - IN THE BUILDING TODAY SHE BUT I
22:13 - WILL SAY THIS.
22:14 - IT'S LIKELY THAT NO LONGER BE
22:16 - RESPONSIBLE. AND THERE WOULD BE
22:18 - A DETERMINATION THAT THE
22:19 - MEDICATION WAS NOT NECESSARY.
22:21 - IN THE VIEWER PROCESS.
22:24 - WHAT IS ASSESSING THE JUDGMENT
22:26 - OF THE PHYSICIAN WHO WROTE
22:27 - THE PRESCRIPTIONS. THESE
22:29 - PHARMACIES RECEIVE A
22:30 - PRESCRIPTION IN SIMPLE STILL
22:32 - THE EXERCISE OF JUDGMENT.
22:34 - NOW HOW THEY DECIDE TO SHORE.
22:37 - THEN I DID SPEAK TO THEIR THEIR
22:40 - OLD ECONOMIC NOW IS WHETHER THE
22:42 - WHITE BALL. IT WOULD BECAUSE
22:43 - THAT'S GOING TO GET.
22:48 - OPEN QUESTION FOR
22:50 - WHATEVER REASON AS THE WEATHER
22:52 - THE PHARMACY WHO PROVIDES THEIR
22:54 - KIDS TO BE A PATIENT
22:57 - WHICH WHICH MAY BE REASONABLE
22:58 - AND NECESSARY FOR THE CONDITION
23:00 - OF THE
23:00 - PATIENT HAS IT MERELY MAY NOT
23:03 - BE HIGH AND INJURED. SO IN YOUR
23:06 - VIEW IS SET TO OPEN QUESTION
23:08 - WHETHER THE PHARMACY, IT'S A
23:09 - QUESTION THAT WE LIKE IT INTO
23:11 - IS THAT
23:12 - WHAT'S THAT IT'S THE WIND FARM
23:14 - ASLEEP AND BRING THE ACTION
23:15 - DIRECTLY AGAINST THE PLAME CASE.
23:18 - WHO LIKE IT WAS DETERMINED
23:20 - THAT THAT WAS NOT REASONABLE
23:22 - AND NECESSARY IN NEWARK.
23:25 - WHAT I DON'T THINK THAT THE
23:26 - NEXT STEP.
23:28 - THE COUNCIL, THIS IS 91
23:30 - FOLLOW-UP QUESTION ON THAT.
23:32 - WHY USE IT YEAH THAT.
23:36 - A PROVIDER OF I'M AN OLD.
23:40 - SERVICES
23:41 - LIKE THAT. FROM LOOKING TO
23:44 - PATIENTS FOR PAIN.
23:47 - IT COULD BE IT.
23:50 - ORDINARY PROVISION THAT I THINK
23:53 - YOU WOULD HAVE. THE VOTER
23:55 - SOMEONE WOULD TALK ABOUT.
24:05 - WHICH I
24:07 - IT'S A COUPLE SCENARIOS EVEN
24:09 - ADD ON THAT THERE MAY BE SOME
24:11 - THAT PROVIDE BUT BEFORE THAT
24:13 - THEY DO NOT TREAT IT WORKED.
24:15 - BECAUSE THEY DON'T WANT TO BE
24:16 - INVOLVED IN THE
24:17 - PROCESS FOR THEY KNOW THE TRUTH
24:19 - WOULD SAY WOULD BE
24:22 - LITIGATION FOR SIGNIFICANT
24:23 - AMOUNT OF COAL. THE DOCTORS WHO
24:25 - TREAT THESE PATIENTS. THEY WERE
24:28 - ON THE ROOF OF THE BUILDING ON
24:29 - THE FACE IF YOU HAVE TO WORK
24:31 - FOR YEARS IN A LITTLE BIT FOR
24:33 - YEARS AND THEY DON'T WIN THEM.
24:35 - INSIDE OUT OF A TREE.
24:39 - THIS IS DIFFERENT
24:40 - THAN HERE ON THE FOOTBALL.
24:46 - WE'RE TOLD IN
24:47 - LAW OFFICES. WE HAVE A DUE
24:50 - PROCESS.
24:51 - AND WHAT WHAT
24:55 - THEY DON'T KNOW WHY THEY'RE NOT
24:58 - ON THE WHAT THEY'RE TRYING TO
25:00 - SAY WHO SERVED US WELL INTO THE
25:02 - ACT. SO THAT NOW WE HAVE IS WHY
25:04 - WE'RE THERE.
25:12 - THEY'RE
25:13 - NO MORE QUESTIONS IS THERE
25:14 - ANYTHING YOU'D LIKE TO SAY
25:15 - INSULATION.
25:18 - THANK YOU VERY MUCH.
25:22 - GOOD MORNING MEMBERS. THE COURT
25:24 - MAY PLEASE THE COURT.
25:25 - I'M DANCING GO ON BEHALF OF
25:28 - KEYSTONE RX.
25:30 - WHAT THE COURT HAS HEARD IN
25:32 - THE INITIAL PARTS OF THIS
25:33 - ARGUMENT. IT IS ONE NOTHING
25:37 - ADDRESSING THE LEGISLATIVE
25:38 - SCHEME THE ACTUAL LEGISLATION
25:41 - INFLATION OF THE DIFFERENT
25:43 - PARTICIPANTS AND THE DIFFERENT
25:45 - PROCESSES AS JUSTICE TANI YOU
25:48 - TALKED ABOUT WE HAVE A NON
25:50 - HEALTH CARE PROVIDER WE'VE
25:52 - HEARD THAT RAYS THROUGHOUT AND
25:55 - WHAT THE COURT HAS NOT
25:57 - ADDRESSED OR HAS NOT EVEN BEEN
25:59 - RAISED IS HOW THIS CASE
26:01 - AROSE HERE UNDER THE DUE
26:03 - PROCESS VIOLATION OF HER.
26:06 - WHAT WE HAVE HERE IS IN ON
26:08 - HEALTH CARE PROVIDER
26:09 - IN THIS CASE A PHARMACY COULD
26:11 - BE AN MRI FACILITY IT COULD BE
26:13 - A MEDICAL EQUIPMENT DISPENSARY
26:15 - IT COULD BE A PHYSICAL THERAPY
26:17 - FACILITY. THEIR PROCESS BECAUSE
26:20 - THEY ARE NOT HEALTH
26:21 - CARE PROVIDERS IS TO FILE WHAT
26:24 - IS CALLED A THEORY
26:26 - BECAUSE THE UTILIZATION REVIEW
26:29 - SYSTEM UNDER THE PLAIN LANGUAGE
26:31 - OF THE ACT
26:32 - ONLY APPLIES TO ALL TREATMENT
26:35 - PROVIDED BY A
26:37 - HEALTHCARE PROVIDER, A PHARMACY
26:39 - THAT DISPENSES MEDICINE IS NOT
26:41 - A HEALTH
26:41 - CARE PROVIDER. IT IS AS JUSTICE
26:43 - DONAHUE SAID A MEDICAL SERVICE
26:46 - PROVIDER IN AN MRI FACILITY
26:48 - THAT THAT PERFORMS
26:50 - AN MRI. THEY DON'T THEY FOLLOW
26:52 - THE INSTRUCTIONS OF.
26:55 - DOCTOR A HEALTH CARE PROVIDER.
26:57 - THE HEALTH
26:57 - CARE PROVIDERS HAVE THE
26:59 - UTILIZATION REVIEW SYSTEM WHERE
27:01 - THEIR TREATMENT.
27:02 - IT CAN BE CHALLENGED IF IT IS
27:04 - NOT REASONABLE OR NECESSARY.
27:06 - PROVIDE AND HE'S
27:08 - MEDICAL SERVICE PROVIDERS THE
27:09 - PHARMACIES THE MRI CENTERS.
27:11 - THEY MUST PROCEED THROUGH THE
27:13 - FEE REVIEW PROCESS WHERE
27:16 - THEY'RE MATTERS ARE HANDLED
27:18 - THROUGH AN ADMINISTRATIVE
27:19 - PROCESS, THEY FINALLY FEEL
27:21 - REVIEW APPLICATION. WHAT
27:23 - HAPPENED HERE AND WHAT HAPPENS
27:25 - FREQUENT 6 FREQUENTLY
27:27 - AND WHERE THE DUE PROCESS
27:28 - VIOLATION OF THE CURVE
27:29 - IS THAT THE MEDICAL
27:32 - SERVICE PROVIDER THE FILES THE
27:34 - THEME REVIEW ANY DOES
27:36 - DISMISSED SUMMARILY BECAUSE
27:39 - THERE WAS A REALIZATION REVIEW
27:41 - PERFORMED UP NOT DOCTOR WHO
27:44 - PRESCRIBED THE MEDICINE THE
27:45 - TEST, WHAT HAPPENED.
27:48 - PROVIDER THE
27:49 - SERVICE PROVIDER IS NEVER AWARE
27:52 - OF THE UTILIZATION REVIEW,
27:55 - THEY'RE NOT A PARTY TO IT.
27:57 - THEY HAVE NO INPUT,
27:58 - THEY'RE NOT EVEN AWARE IF IN
27:59 - FACT AS CAN HAPPEN.
28:01 - THE DOCTOR. PRESCRIBE WHATEVER
28:04 - THE TREATMENT THE MEDICATION,
28:06 - EVEN PARTICIPATED AND ALLOW THE
28:09 - DETERMINATION TO GO THROUGH.
28:11 - SO BECAUSE THEY FILE A FEE
28:13 - REVIEW. THEY ARE BARRED FROM
28:15 - EVEN
28:16 - SEEKING PAYMENT A BIG CAUSE OF
28:18 - THE UTILIZATION REVIEW THAT
28:20 - WAS PERFORMED WITHOUT THEIR
28:22 - KNOWLEDGE WITHOUT THEIR NOTICE
28:23 - WITHOUT THEIR PARTICIPATION.
28:25 - AND I JUMP IN
28:53 - GIVEN THAT YOU'RE FAR.
29:00 - IF I'M READING YOUR HONOR'S
29:02 - QUESTION RIGHT.
29:04 - THIS STATUTE ITSELF ONLY ALLOW
29:06 - FOR A UTILIZATION REVIEW OF
29:08 - TREATMENT PROVIDED BY A
29:10 - HEALTHCARE PROVIDER. IT DOES
29:12 - NOT PROVIDE FOR REVIEW OF
29:15 - THE SERVICES
29:16 - BECAUSE THOSE ENTITIES OR FLY
29:18 - OR PERFORMING A MINISTERIAL
29:19 - FUNCTION AND IN FACT THE ACT
29:21 - THE PENNSYLVANIA LAW
29:23 - DOES NOT INCLUDE PHARMACIES MRI
29:26 - CENTERS AS A WHOLE LOT QUITMAN
29:28 - DISPENSARIES WITHIN THAT SO
29:31 - THEY ARE NEVER EVEN REPORTED
29:32 - NOTICE THAT THEY ARE
29:35 - IN TITLE TO PARTICIPATE AND
29:38 - THEY HAVE
29:39 - NO OPPORTUNITY TO ASSERT THEIR
29:41 - RIGHT TO PAYMENTS SO THEY ARE
29:43 - BEING DENIED PAYMENT WITHOUT
29:45 - NOTICE IT SET IT FREE THE 3
29:47 - BALL.
29:49 - ISN'T IT THE CASE UNDER THE
29:51 - STATUTE AND IS IT CONSISTENT
29:53 - WITH SULLIVAN.
29:58 - A SITUATION WHERE.
30:08 - TO TREATMENT MEDICAL TREATMENT
30:10 - THAT'S NECESSARY. THESE IN A
30:12 - BOWL.
30:38 - THE RISK OF DRESSING PROCESS.
30:40 - THE REASON YOUR HONOR IS
30:41 - TWOFOLD FIRST GOING BACK TO SO.
30:44 - SOLOMON STANDS FOR THE
30:45 - PROPOSITION THAT THE HEALTH
30:48 - CARE PROVIDER IS RECEIVING DUE
30:50 - PROCESS BECAUSE IT CAN
30:52 - PARTICIPATE IN THE UTILIZATION
30:54 - REVIEW PROCESS. THAT
30:57 - IS CORRECT THOSE ENTITIES
30:59 - RECEIVE DUE PROCESS THEY
31:01 - RECEIVE NOTICE THE OPPORTUNITY
31:03 - TO PARTICIPATE
31:04 - ITS CENTER. THE ANTHONY IS THAT
31:06 - WE ARE DISCUSSING IN THIS CASE
31:08 - OR MEDICAL SERVICE PROVIDERS.
31:11 - THERE ARE NOT THEN DO NOT
31:13 - RECEIVE THAT SAME AND
31:15 - RAM IT. THE ACT ITSELF DOESN'T
31:19 - PROVIDE FOR THEM TO PARTICIPATE
31:22 - IN THAT PROCEDURE,
31:23 - PRESUMABLY BECAUSE THEY ARE
31:24 - PERFORMING EVEN READ DISPENSARY
31:27 - OR SOME OTHER
31:28 - NON DIAGNOSTIC PROCESS. SO AS
31:32 - A RESULT.
31:33 - SULLIVAN ITSELF, IT DOESN'T
31:36 - APPLY THIS IS MORE AKIN OF
31:38 - ANYTHING TO BACK SALARY BECAUSE
31:41 - IN BACK SALARY, THE WORKER WAS
31:43 - DENIED PAYMENT WITHOUT ANY
31:44 - HEARING. IN THIS CASE,
31:47 - THE PHARMACY OR THE WHATEVER
31:50 - THE SERVICE
31:51 - PROVIDER IS IS DENIED ITS RIGHT
31:54 - UNDER THE PEER REVIEW, TOO TO
31:56 - CHALLENGE IT. AND WHILE YES,
31:59 - THE WORKERS COMP SYSTEM IS A
32:01 - RISK SHIFTING SYSTEM. THE
32:03 - ENTITIES HERE. THAT ARE
32:06 - PROVIDING SERVICES RATHER THAN
32:08 - HEALTH CARE.
32:10 - OUR LEFT WITH NO METHOD TO
32:12 - EITHER US OR WE'RE TO PROTECT
32:15 - THEIR RIGHTS AND THAT'S THE
32:17 - DISTINCTION. ALL RIGHT. IN
32:20 - FACT THIS.
32:20 - IT LET ME LET ME JUST I I
32:23 - FOLLOW UP ON.
32:26 - WHAT PRECISELY WADE IN MEDICAL
32:29 - CARE BAY. PROVIDERS
32:33 - THE SHOE THE ISSUE BEING THAT
32:35 - REMAIN IN THE UTILIZATION
32:37 - REVIEW COMMITTEE IN THIS
32:39 - SERVICE. ITS SERVICE PROVIDER
32:41 - SAID NEVER MADE
32:43 - A DETERMINATION THAT WHAT THEY
32:46 - ARE PROVIDING REASONABLE AND
32:47 - NECESSARY.
32:49 - WHAT DO THEY BRING TO THE TABLE
32:51 - IN THE UTILIZATION
32:52 - REVIEW PROCESS THEY'RE RIGHT
32:57 - BE
32:58 - REASONABLENESS IN THIS ACTIVITY
33:01 - OF THE PRESCRIPTION THAT'S
33:03 - BEING GIVEN FOR THE TREATMENT
33:05 - BY THE MEDIA CAN DO IS PART OF
33:07 - THE PROCESS.
33:07 - WHAT WHAT WHAT WOULD YOUR
33:09 - CLIENT DO AT THE MIDDLE OF A
33:11 - REVIEW COMMITTEE HEARING.
33:13 - THAT THAT'S THE CHALLENGE
33:14 - THAT WE ADDRESS.
33:17 - DONAHUE IN THE
33:18 - COMMONWEALTH COURT. AND IT'S
33:21 - THE PROBLEM THAT I THINK THE
33:22 - ACT ACTUALLY
33:24 - IF WE FOLLOW A STATUTORY
33:26 - CONSTRUCTION ACT ANALYSIS.
33:29 - WE ARE ADDRESSING IT.
33:30 - THE ACT ONLY IN THE DEFINITION
33:33 - OF UTILIZATION REVIEW
33:35 - TALKS ABOUT REASONABLENESS
33:38 - TREATMENT PROVIDED BY A
33:40 - HEALTHCARE PROVIDER AND IN
33:42 - THE ACT, THE HEALTH CARE
33:44 - PROVIDER IS THE ONE
33:46 - WHO WOULD BE DENY PAYMENT IF
33:48 - TREATMENT IS NOT REASONABLE
33:49 - AND NECESSARY. WHAT WE HAVE
33:51 - HERE IS THE EURO GOING A STEP.
33:55 - AND THEN ACTING REGULATIONS THAT
33:57 - BRING NON HEALTH CARE PROVIDERS
34:00 - UNDER THE AMBIT A PROVISION
34:02 - ONLY FOR HEALTH CARE PROVIDERS.
34:04 - I WOULD SUGGEST THAT THE MOST
34:06 - APPROPRIATE METHOD BASED ON THE
34:09 - PLAIN LANGUAGE OF THE.
34:12 - THAT THE ONLY ENTITIES THAT CAN
34:14 - BE TONIGHT PAYMENT
34:16 - FOR TREATMENT. OUR HEALTH CARE
34:18 - PROVIDERS AS IT SAYS IN
34:21 - THE ACT AND THAT THOSE
34:23 - OTHER ENTITIES IT WOULD NOT BE
34:25 - DENIED PAYMENT BECAUSE THEY'RE
34:26 - NOT PROVIDING TREATMENT THEY
34:28 - ARE SIMPLY DOING AS YOUR HONOR
34:30 - SUGGESTS THE SPENCE IN MEDICINE
34:32 - PERFORMING A TASK ETCETERA SO I
34:35 - WOULD SEE PAST THAT.
34:40 - A PLACE FOR PARTICIPATION IS IN
34:43 - THE UTILIZATION REVIEW. BUT WHAT
34:46 - THE BUREAU COULD HAVE GONE
34:48 - BECAUSE THIS IS AN EXAMPLE OF
34:50 - THE EURO JACKLEY FAILING TO
34:53 - CREATE APPROPRIATE REMEDIES TO
34:55 - CREATE AN APPROPRIATE SERIES OF
34:57 - REGULATIONS. BUT WHAT THE
34:59 - BUREAU SHOULD HAVE GONE WAS
35:01 - CREATE A PROCESS WHEREBY
35:03 - THESE MEDICAL SERVICE PROVIDERS
35:06 - WHO ARE NOT THE ENTITIES.
35:08 - THIS CUSTOM ME YOU
35:09 - ARE PROVISIONS IT WOULD BE
35:11 - NOTIFIED OF THE RESULTS.
35:14 - UTILIZATION REVIEW AND WOULD
35:16 - NO LONGER RECEIVE PAYMENT FOR
35:18 - FUTURE CARE. BUT FOR THAT FOR
35:21 - THE MEDICINE THEY DISPENSED FOR
35:23 - THAT THE TESTS THEY PERFORMED
35:25 - THEY WOULD BE PAID BECAUSE
35:27 - THERE IS NOTHING IN
35:28 - THE ACT THAT SAYS THAT ANY
35:31 - ENTITY OTHER THAN A HEALTH CARE
35:33 - PROVIDER THAT WOULD BE BARRED
35:36 - FOR PAYMENT AND THE EURO.
35:38 - IT TOOK THIS STEP FURTHER IN
35:40 - WHAT THEY IT DID WHEN THEY
35:42 - CREATED THESE REGULATIONS.
35:46 - TO KEEP THEIR VERY CONFUSED ME A
35:49 - LITTLE BIT.
35:50 - AND AS I READ THE ACT AND
35:52 - SIMPLY CLEAR THAT ONE IN A 1, 6,
35:59 - IS HE IS THE COMMONWEALTH COURT
36:02 - DETERMINED IN HIS SIDE THAT IS
36:05 - NEEDED TO PROCESS RIGHT.
36:07 - THE YEAR. THE YOUR CLIENT TO
36:09 - PARTICIPATE MUELLER HAS
36:10 - A PREVIEW IS IT PRECISELY AS IT
36:14 - IS DESCRIBED IF I UNDERSTAND IT
36:16 - IN IN IN DAD IS DEAD. THE
36:18 - MEDICAL PROVIDER GET
36:19 - UTILIZATION REVIEW AND THE NON
36:22 - MEDICAL TREATMENT PROVIDER KIDS.
36:28 - IN THE REVIEW IS.
36:30 - IF YOU KNOW THIS THE
36:33 - REVIEW HAD AS DO WITH THEM ONE
36:35 - THING
36:36 - I'M OUT IN HIGHLAND IS A NEW
36:38 - DAY REVIEW RE REASONABLENESS
36:40 - NECESSITY.
36:42 - IS THAT HOW YOU READ THE APP IF
36:43 - YOU LEAVE THE EU
36:45 - THINK THAT THE COMMONWEALTH
36:47 - COURT EVERY POINT HIS RED THE
36:48 - APP WRONG. AND YEAH, YOUR
36:51 - CLIENT. GOOD HAVE YOU HERE.
36:54 - WE BELIEVE
36:56 - THAT IF I AGREE WITH YOUR
36:59 - ANALYSIS OF THE LANGUAGE OF THE
37:01 - ACT LIKE I COMPLETELY AGREE
37:02 - WITH WHERE.
37:07 - THAT'S HELPFUL TO ME THANK YOU.
37:09 - IF YOU AGREE WITH THAT WITH
37:10 - THIS REALLY IS IS A
37:12 - CONSTITUTIONAL ATTACK IN THE
37:14 - NEXT 5 AS I SAID AT THE OUTSET
37:16 - OF MARBURY VERSUS MADISON, A
37:18 - CONSTITUTIONAL ATTACK ON THE
37:20 - WORKER'S COMP THEN AT THE FRONT
37:26 - YOUR CLIENT, YOUR
37:28 - IT'S THE $4,000 TO 15 AND HAS
37:31 - NO GRANDE TO GET BACK IN YOUR
37:33 - VIEW OF THAT CRIME TO DUE
37:34 - PROCESS. SO THE ACT THIS FLIGHT
37:36 - BECAUSE THE ACT DOESN'T GIVE
37:37 - YOU. IT WAS A PREVIEW.
37:40 - THE
37:43 - I WOULD INTERPRET IT SLIGHTLY
37:44 - DIFFERENTLY NEW WANTS THE APP
37:46 - IT DOES I CREATE IN THIS
37:49 - CIRCUMSTANCE, A REMEDY
37:52 - TO PROTECT THE RIGHTS OF THE
37:54 - MEDICAL SERVICE PROVIDER IT
37:56 - PROTECTS THE HEALTH CARE
37:58 - PROVIDER AS IT'S SUPPOSED TO DO
38:00 - THE HEALTH CARE.
38:01 - THE ART FLYING INTO THE
38:03 - PHARMACY OR AS I SAID ALL THESE
38:05 - OTHER MEDICAL SERVICE PROVIDERS
38:07 - DO NOT FALL UNDER THE
38:08 - DEFINITION UNDER THE ACT OF A
38:10 - HEALTH CARE PROVIDER IF THEY
38:11 - ARE BEING THE NOMINEE CAME IN
38:14 - IN A PROCESS THAT ON ITS FACE
38:17 - DOESN'T APPLY
38:18 - TO THEM, BUT GIVEN NO
38:19 - ALTERNATIVE BECAUSE THE HEROES
38:21 - REGULATION OR FEAR REVIEWS
38:24 - SAYS THAT'S A THEORY YOU
38:27 - IT'S GOING TO BE RETURNED IF
38:29 - AMONG
38:30 - 3 REASONS THE INSURER HAS FILED
38:32 - A REQUEST FOR UTILIZATION
38:34 - REVIEW. IT TAKES
38:36 - THE ENTITY. THE PROVIDE THE
38:38 - TREAT THE SERVICE PROVIDER OUT
38:40 - OF THIS.
38:42 - IT GIVES THEM NO
38:43 - METHOD WHATSOEVER TO ASSERT
38:45 - WERE TO BE COMPENSATED FOR WHAT
38:48 - THEY HAVE GONE WHATEVER IT MAY
38:50 - BE. AND IN THIS CASE INVOLVED.
38:52 - YES IT INVOLVED. THE
38:54 - MEDICATION, YOU'RE ALSO
38:55 - INVOLVED. THE RUDIMENTARY
38:57 - MORE TRADITIONAL MEDICATIONS AS
38:59 - WE'RE IT'S JUST HIS TIME.
39:02 - IT SEEMS TO ME THAT THERE ARE
39:03 - ONLY 2 POSSIBLE REMEDIES. ONE IS
39:07 - THAT AFTER ME GO TO THE
39:08 - LEGISLATURE AND PLEAD FOR
39:10 - THEM TO AMEND THE STATUTE AND
39:13 - THE OTHER IS STAFFED UP YOU
39:16 - JUST DESPAIR CHIEF JUSTICE
39:17 - PAIR SAID HAVE A DIRECT ATTACK
39:20 - ON MCCAIN'S CONSTITUTIONALITY
39:22 - OF THE WORKERS COMP ACT ITSELF.
39:24 - THOSE ARE THOSE ARE THE
39:25 - 2 POSSIBILITIES, CORRECT.
39:26 - THE ESTIMATE FROM THE OUTSET OF
39:29 - THESE CASES.
39:31 - AND AS THIS COURT KNOWS THE
39:33 - COMMONWEALTH COURT HAS THEN
39:34 - ADDRESSING THESE ISSUES.
39:37 - EXTENSIVELY WE HAVE
39:39 - ASSERTED THAT THE UNDERLYING
39:41 - PROCESS, THE DRIVE ANTHONY'S OF
39:45 - DUE PROCESS
39:46 - THAT THE ENTIRE THAT PORTION OF
39:49 - THE ACT AND WHILE YES,
39:52 - THE IDEAL. REMEDY
39:54 - IS FOR THE LEGISLATURE
39:56 - TO TAKE AND AN
39:58 - ARTFULLY DRAFTED A PIECE OF
40:01 - LEGISLATION OR SECTION OF THE
40:02 - ACT AND REVISE IT. THIS COURT
40:05 - ALWAYS HAS THE ABILITY TO STEP
40:09 - IN AND TO ADDRESS WHERE THERE
40:11 - IS A CONSTITUTIONAL
40:13 - AND I SAY GO TALK JUST SAILOR.
40:18 - YOU COULD ASK THAT THE
40:18 - COMMONWEALTH COURT THE FARM
40:20 - THAT'S WHY YOU'RE HERE FOR AND
40:21 - THEN YOU'RE FINE.
40:23 - I I WE WOULD BE WE WOULD
40:25 - ACCEPT THAT. I HAVE IN
40:27 - ADDRESSING THIS THIS COURT
40:29 - COULD FROM THE COMMONWEALTH
40:31 - COURT.
40:32 - AND ALLOW THE BRAIN AND THE
40:33 - COMMONWEALTH COURT. THE WHY YOU
40:35 - GOT REALLY AND THEY CREATED THE
40:37 - REMEDY WATER.
40:40 - WHY ARE YOU BETTER 5 OF THEM.
40:42 - WE ALL ARE, BUT I RECOGNIZE
40:44 - THAT THERE TURNING TO IS THAT
40:46 - THIS COURT COULD WATCH YOU WE
40:48 - CAN SHARE ALL STARTED. WELL GO
40:50 - AHEAD FOR YOU.
40:54 - I MY CLIENTS AND I WOULD BE
40:56 - FINE IF THIS COURT ALLOW.
40:58 - THE COMMONWEALTH COURT
40:59 - OPINION TO STAND IT COULD ALSO
41:02 - CREATE EAT, YOU KNOW ORDER A
41:04 - HYBRID MODEL THERE ARE THERE
41:05 - ARE VARIOUS SORT OF YOU KNOW
41:07 - THERE'S A CONTINUUM
41:08 - OF REMEDIES THE TIME FOR IT
41:11 - SAID, BUT MY PREFERENCE CAN I
41:14 - JUMP IN ON THIS HYBRID APPROACH
41:15 - YOU'RE TALKING ABOUT HERE.
41:17 - IT SEEMS TO ME THERE'S A
41:18 - SCHIZOPHRENICS ASPECT. ON THE
41:21 - ONE HAND.
41:29 - IT'S THE PERSNICKETY ABOUT
41:31 - REGULATIONS THAT ARE.
41:37 - THE MARGIN. YOU'RE ALSO ARE
41:38 - DOING THERE IS IN FACT A DUE
41:40 - PROCESS VIOLATION.
41:48 - THE CASE THAT YOU WANT TO
41:50 - CONTINUE TO MAINTAIN ISSUE IN
41:51 - YOUR BRAIN.
41:53 - THESE REGULATIONS.
41:58 - YOU'RE GOING TO HAVE TO SHOW A
41:59 - SPECIFICALLY I THINK.
42:03 - CONSISTENCY BECAUSE THE BOTTOM
42:05 - LINE. IS IN THE STATUTE
42:07 - IS THAT YOUR CLIENT IS LOT DOES
42:09 - NOT HAVE A SEAT AT
42:10 - THE TABLE AND THE UTILIZATION
42:12 - OR IN THE GENERAL ASSEMBLY
42:13 - CREATED IN AND AND SO I DON'T
42:16 - KNOW WHY DR. MAKING
42:17 - DOESN'T BELONG IN THE GENERAL
42:18 - ASSEMBLY RATHER THAN IN THIS
42:19 - COURT.
42:24 - AND THE OTHER AND THIS
42:25 - HEARKENS BACK TO WHAT I SAID AT
42:27 - THE OUTSET OF THE ARGUMENT.
42:28 - THE ACT, THE UTILIZATION REVIEW
42:32 - AS SOLEY ADDRESSING TREATMENT
42:35 - PROVIDED BY A HEALTHCARE
42:37 - PROVIDER.
42:39 - IT DOES NOT ADDRESS
42:40 - TREATMENTNOT TREATMENT AND WORK
42:43 - DONE BY A SERVICE PROVIDER
42:45 - DISPENSING PERFORMING A TASK
42:48 - THAT CENTER
42:49 - IT IS THE IMPLEMENTATION OF
42:52 - THAT PROVISION BY
42:53 - THE BUREAU THAT EXPANDED THE
42:55 - LANGUAGE OF THE UTILIZATION
42:58 - REVIEW TO SERVE AS A BAR,
43:01 - 2 PARTICIPATION OR PAYMENT TO
43:04 - MEDICAL
43:04 - SERVICE PROVIDERS THAT CREATED
43:07 - A CONSTITUTIONAL INFIRMITY AND
43:09 - IS WHY WE ARE.
43:12 - ABOUT IT. YOU KNOW NOT FOLLOW
43:14 - UP TO ME AFTER THE QUESTION
43:16 - THAT I KNOW YOU'RE OPPOSING
43:18 - COUNCIL. WHY CAN'T
43:20 - YOUR CLIENT LOOK TO BE PATIENTS
43:23 - FOR PAIN.
43:24 - THE LINE YOU CANNOT LOOK TO
43:26 - THE PATIENT
43:28 - FOR PAYMENT BECAUSE THERE IS A
43:30 - SPECIFIC PROVISION IN THE ACT
43:32 - AND IN THE REGULATIONS
43:35 - THAT PRECLUDES SEEKING PAYMENT
43:38 - DIRECTLY FROM AND THE
43:40 - INJURED WORKER AND WITH
43:42 - REGARD TO
43:44 - THE PHARMACIES WERE THE THE
43:46 - ENTITIES SUBJECT TO A FEE
43:48 - REVIEW IN THE REGULATIONS
43:50 - SECTION ONE 27.21, 1,
43:52 - FOREIGNERS SUCH REALLY. SO
43:55 - IT IS PRECLUDED AND IT'S ALSO
43:58 - IN 3 '06,
43:59 - 1, 7, THAT PRECLUDES THAT TYPE
44:03 - OF FEELING SO THEY'RE
44:04 - LEFT WITHOUT ANY ABILITY TO
44:07 - COLLECT PAYMENT. I DON'T MIND.
44:09 - WE GOT I TRULY DON'T
44:14 - IT'S SO THOSE
44:15 - SESSIONS ENDING THE SESSION
44:17 - THERE BASED UPON THE
44:18 - PRESUMPTION THAT WORKERS
44:19 - COMPENSATION. IF THEY ARE
44:22 - AVAILABLE.
44:29 - GET IT EVEN IF THEY ARE NOT
44:31 - CONTENT MIGHT BE A IF
44:33 - YOU'RE FINE. IF YOU'RE LOOKING
44:35 - TO PATIENTS AFTER BEST PRACTICE
44:37 - ARGUMENT. BUT THAT'S NOT.
44:40 - MY UNDERSTANDING IS THAT HOW
44:42 - THAT WORKS. MEAN IF
44:44 - IF E SERVICES PROVIDED IS NOT
44:47 - POSSIBLE UNDER THE ACT. THE AND.
44:54 - RIGHT SHE
44:55 - COULD DO THE PACE YOU FOR BEING
44:58 - MADE OF ACCORDING TO THE GOLD
45:00 - AND THAT WERE PROVIDED TO THEM.
45:04 - OKAY THAT'S THE CASE AND ME.
45:07 - ANOTHER WAY OF LOOKING
45:08 - AT YOUR ARGUMENT IF YOUR CLIENT
45:13 - WORKERS COMPENSATION, YEAH AND
45:16 - THAT IS JOHN A LOT THE MANNER
45:18 - IN WHICH THE A STATUE.
45:22 - NO MORE OF AN.
45:24 - LEHMAN IS GUARANTEED WE LIVE IN
45:27 - IT. IT'S JUST NOT HOW IT WORKS
45:30 - HERE. I GET. IT A LADY.
45:37 - AND THAT IS
45:38 - WHY COMMONWEALTH COURT. THE
45:40 - ORDER THAT THE EURO.
45:42 - CREATE A PROCESS TO ALLOW MY
45:45 - CLIENTS TO INTERVENE IN THE
45:48 - UTILIZATION REVIEW PROCESS TO
45:51 - PROTECT THEIR RIGHTS.
45:53 - I FEEL OBLIGED TO PICK OUT A
45:55 - TOUGH START TO QUESTION.
45:56 - YES, JUST A FOLLOW-UP TO JUST A
45:59 - START TO HIS QUESTION AND
46:00 - MARKETING BRAD TO A QUESTION BY
46:04 - TO JUST A SAILOR.
46:05 - IT SEEMS TO ME THAT
46:07 - THE PHARMACIES A REMEDY IN A
46:10 - SENSE IS THEY DON'T HAVE.
46:12 - TO SHOES
46:14 - THE 2.
46:16 - CAJUN WORKERS CALL
46:18 - PLANNED ASKED TO
46:20 - CHOOSE TO FILL PRESCRIPTIONS IN
46:23 - THIS COULD CHOOSE
46:25 - NOT TO ACCEPT THIS TYPE
46:29 - CLIENT THIS TYPE OF INJURED
46:30 - WORKER THIS TYPE OF WORKERS
46:32 - COMPENSATION. INSURANCE SCHEME
46:35 - THEY THEY DON'T HAVE THEY DO.
46:37 - CORRECT.
46:38 - YES, BUT THE DIFFICULTY IS
46:40 - THE PURPOSE OF THE WORKERS
46:41 - COMPENSATION AT THE PRIMARY
46:44 - PURPOSE IS TO BE ABLE TO PROVIDE
46:47 - MEDICAL TREATMENT AND CARE TO
46:49 - INJURED WORKERS THEY'RE ABLE TO
46:50 - RETURN TO WORK. SURE YOUR
46:52 - HONORS.
46:55 - IS THIS ON THE BASIS OF THE
46:57 - QUESTION IS EXCEPTED THEN YOU
47:00 - BE.
47:01 - BECAUSE ALL OF THESE ENTITIES
47:03 - HAVE NO ABILITY TO PARTICIPATE
47:05 - IN THE
47:05 - UTILIZATION REVIEW. IT MEANS
47:07 - THAT NOT ONLY WILL PATIENTS
47:09 - INJURED WORKERS
47:10 - POTENTIALLY HAVE AND INABILITY
47:12 - TO
47:12 - OBTAIN MEDICATION. THEY'LL HAVE
47:14 - AN INABILITY TO OBTAIN
47:16 - DIAGNOSTIC TESTS MRI CAT SCANS
47:20 - MEDICAL TESTING THEY'LL HAVE
47:22 - THE SAME CHALLENGE
47:24 - TO GET PHYSICAL THERAPY WILL
47:26 - HAVE THE SAME CHALLENGE TO GET
47:27 - DURABLE EQUIPMENT AND WHILE
47:29 - YES, YOU HAVE TO BALANCE THE
47:31 - RISKS THE ACT WAS NOT DESIGNED
47:34 - TO SHIFT
47:35 - THE RISK OF ALL OF THOSE TYPES
47:38 - OF CARE. ONE TO
47:39 - THOSE PROVIDERS WITHOUT ANY
47:42 - ABILITY FOR THEM TO PROTECT THE
47:43 - RIM.
47:49 - THAT SEEMS TO BE
47:50 - THE PRESIDENT. THE GENERAL
47:52 - ASSEMBLY HAS LAID ON YOUR
47:53 - DOORSTEP.
47:57 - MAKE SURE TO CHANGE THE LAW TO
47:59 - ADDRESS THE THE UNFAIRNESS JUST
48:01 - PALPABLE SECTION AREAS.
48:06 - HE SAYS BY
48:07 - SELF ENSURING BY SPREADING THE
48:09 - RISK.
48:11 - BY REFUSING THESE KIND OF
48:13 - PATIENTS WC PATIENTS THAT IS.
48:16 - IN THE MAN UNDER SOME CONTRACT
48:18 - VERY I MEAN
48:19 - IF YOU SEEM TO BE COMING TO US
48:21 - IN IN SORT OF A MODALITY COURT
48:23 - OF JUSTICE. AND THAT'S REALLY
48:26 - NOT ARE. WELL IS IT.
48:28 - WELL THIS COURT'S ROLE IT
48:30 - WOULD BE TOO
48:32 - TO ADDRESS DUE PROCESS
48:34 - VIOLATIONS WHICH IS THE ISSUE
48:37 - HERE AND IN ADDITION. I MEAN
48:39 - IT'S FOR THE
48:41 - UTILIZATION REVIEW PROCESS ONLY
48:44 - APPLIES TO HEALTH CARE
48:45 - PROVIDERS WHICH HAS BEEN
48:47 - CHANGED BY THE BUREAU'S
48:49 - REGULATIONS IN A MANNER
48:51 - THAT CREATED THIS DUE PROCESS
48:53 - VIOLATION BUT THIS SPORT ALWAYS
48:55 - HAS THE ABILITY TO ADDRESS DUE
48:57 - PROCESS VIOLATIONS. THAT THE
49:00 - LAW GOES BACK AS THE CHIEF
49:03 - MARBURY VERSUS MADISON.
49:04 - THIS IS SAFE BUT CHIEF
49:06 - JUSTICE BARRETT IN YOUR TIME
49:08 - AND YOUR MONEY TOO. WE USE THIS
49:12 - ROUTE.
49:13 - YOUR CONTENTION IS THAT THERE'S
49:15 - A DEPRIVATION OF DUE PROCESS.
49:17 - IN THE AFTER THE BREAK.
49:20 - OBVIOUSLY THERE'S NO LIFE OR
49:21 - LIBERTY AND SO YOU HAVE TO
49:23 - CLAIM A BEST FIT
49:25 - CONSTITUTIONALLY PROTECTED
49:27 - PROPERTY.
49:28 - IT'S ME MUCH MUCH GREATER JUST
49:31 - A QUICK. THANK YOU THAT YEAR, A
49:34 - BUSINESS THAT IT STANDS FOR.
49:38 - AND IN IN HAS IN THE CAR YOU
49:40 - SEE DOUBLE IT HAD A SICK
49:42 - PATIENT OF THING.
49:43 - BUT I DON'T SEE WHERE WE UNIQUE
49:45 - FROM ANY OTHER BUSINESSES.
49:48 - IT'LL MAKE THIS IS IF YOU DO
49:50 - THAT YOU HAVE SOME BOSSES STILL
49:52 - HAVE.
49:53 - MANY WERE GOING TO DIE. BUT I
49:55 - JUST DON'T SEE WHERE YOUR
49:56 - EXPECTATION CARS THAT HIS 3
49:59 - BEST INTERESTS.
50:03 - MISTER CHIEF JUSTICE GOES
50:04 - BACK TO THE SULLIVAN CASE WHERE
50:07 - THE SUPREME
50:08 - COURT FOUND THAT THERE WAS NO
50:10 - DEPRIVATION IN THE UTILIZATION
50:12 - REVIEW PROCESS, THE HAWES THE
50:15 - MEDICAL
50:15 - CARE PROVIDERS HAVE THE ABILITY
50:18 - TO PARTICIPATE IN THE
50:19 - UTILIZATION REVIEW BEFORE THEY
50:21 - WERE DEPRIVED OF THEIR RIGHT TO
50:23 - COMPENSATION FOR TREATMENT.
50:26 - WHEN YOU APPLY THAT IN
50:27 - THIS CASE THAT SAME PROTECTION
50:30 - DOES NOT APPLY TO MEDICAL
50:32 - SERVICE PROVIDERS SO WHERE THE
50:35 - SUPREME COURT FOUND THAT
50:37 - THE ACT PROTECT
50:38 - DUE PROCESS. THEY PROVIDE DUE
50:41 - PROCESS TO MEDICAL
50:43 - CARE PROVIDERS THAT SAME
50:46 - ANALYSIS BALES 4 CLIENTS SUCH
50:49 - AS MINE.
50:53 - ANY FURTHER FROM THE COURT.
50:56 - THANK YOU. THANK YOU
50:58 - IN EVERY BITE.
51:00 - WE'RE GOING TO TAKE A
51:01 - FIVE-MINUTE BREAK THROUGH ALL
51:03 - OF OUR STAFF
51:05 - AND THE COUNCIL GO ABOUT THEIR
51:07 - DAY AND TO GET
51:08 - YOU OUT. SO WE'LL STAND IN A
51:10 - TERM OF 5.
51:44 - THE NEXT APPEAL
51:45 - IS KIND OF CONSOLIDATED SCHOOL
51:47 - DISTRICT FORCES, THE CHESTER
51:48 - COUNTY BOARD OF ASSESSMENT
51:49 - APPEALS
51:50 - AND AUTISM REPRESENTING ON HIS
51:53 - OWN MISS SHARON
51:54 - AFTER POWER REPRESENTING
51:55 - TENANTS SCHOOL DISTRICT IS
51:57 - MISTER SCOTT
51:57 - OUR WEATHER REPRESENTING
51:59 - CHESTER COUNTY IS MISTER
52:01 - ANTHONY IM BROOKE.
52:08 - THIS CASE INVOLVES A
52:10 - CONSTITUTIONAL CHALLENGE.
52:11 - THE SCHOOL DISTRICT METHOD FOR
52:14 - MONEY WHICH PROPERTY ASSESSMENTS
52:15 - SCHOOL FIELD. THE APPELLANT
52:17 - CONTENDS THAT THE SCHOOL
52:18 - DISTRICT VIOLATED THE UNIFORM
52:20 - OF THE PFIZER THE
52:21 - PENNSYLVANIA CONSTITUTION BY
52:23 - EMPLOYING A METHOD SUBDIVIDED
52:25 - REAL ESTATE IN THE HISTORY FACE
52:28 - ON ON A VERY STRESSFUL AND TAKE
52:31 - THEIR PLACE. THE
52:33 - REAL ESTATE EAR COMMERCIAL
52:35 - VERSUS RESIDENTIAL
52:36 - REAL ESTATE. THE SCHOOL
52:38 - DISTRICT IN THE COUNTY BOARD OF
52:39 - ASSESSMENT ARE DUBIOUS AS THE
52:41 - DECISIONS THE COURT. THE
52:43 - UNIFORMITY CLAUSE AND
52:46 - THIS COURT ACCEPTED REVIEW FOR
52:50 - PEOPLE THAT'S
52:51 - THE BASIC AFTER A RELATIVELY
52:54 - RECENT VALLEY FORGE DECISION.
52:58 - IF I GOT THAT PRETTY CLOSE TO
53:00 - CORRECT MISS THE FOLLOW.
53:01 - THEY'RE ARGUING FOR A FELONY.
53:03 - THEY ARE DOING Q. IT.
53:07 - THEY PLACE THE COURT MY NAME
53:09 - IS HOLLOW AND I REPRESENT THE
53:11 - HOLLAND ON HIS OWN DEVELOPMENT
53:13 - CORPORATION.
53:15 - TO MEET THE CONSTITUTIONAL
53:16 - MANDATE TO THE TAXING
53:17 - AUTHORITIES THAT ALL TAXES
53:19 - SHELLEY THE SAME CLASS.
53:22 - IT REQUIRES THAT THE CONTACT
53:24 - THE MEASURE AND THEN NOTHING
53:26 - AND WHO WOULD BUY THE TAXING
53:27 - AUTHORITIES ARE YOU KNOW ONLY A
53:30 - FULL CAREER PRESENT AND THERE
53:31 - BE UNIFORMITY IN THE TAX BURDEN
53:34 - IN HOPES THE STATE THIS COURT
53:36 - FACE FOR THE FIRST TIME THE
53:37 - ISSUE DIRECTLY BEFORE THE COURT
53:39 - TODAY AND ACCORDING TO THEIR
53:41 - DEFENDED THE PLANE. THE NEW TAX
53:43 - THRESHOLD BASED ON THE SIZE OF
53:45 - THE STATE
53:46 - IS UNCONSTITUTIONAL. SINCE THAT
53:48 - TIME THE GENERAL ASSEMBLY
53:50 - AND ITS POLITICAL SUBDIVISIONS
53:52 - HAVE REPEATEDLY ATTEMPTED TAX
53:53 - SCHEMES WHICH HAVE SOME AND
53:56 - DIFFERENT MEASURES
53:57 - THEN ON AND EACH TIME THIS
53:59 - COURT HAS STRUCK DOWN SCHEME.
54:02 - 2 RECENTLY ANNEXED TELL THE
54:03 - SPORT CENT LESSON PATIENTS FACE
54:05 - SALLING ON
54:06 - THE QUANTITY. DOWN THE PROPERTY
54:09 - TAX OR ARBITRARY AND
54:10 - UNREASONABLE. BECAUSE ALL REAL
54:13 - ESTATE IS ONE CLASS. THE TEST
54:15 - HISTORY FALL IT MAINLY TO
54:17 - EXAMINE THE EFFECTIVE TAX RATE
54:19 - TO SIMILARLY SITUATED PROPERTY.
54:22 - THE TASK IN THE SUPPLY HEAR WHY
54:26 - 1 MILLION DOLLARS SPECIAL
54:27 - ASCENSION PROPERTIES. BOTH OF
54:29 - WHICH HAVE AN ACTUAL DOWN IN
54:30 - MORE PLACES 2 MILLION DOLLARS
54:32 - THE FIRST OF WHICH IS CURRENTLY
54:34 - ASSESSED AT ONE GO IN THERE GET
54:36 - AND THE SECOND OF WHICH IS
54:37 - ASSESSED AT 1.1 NOW. A CLIMATE
54:41 - RUSH HOME, THE FIRST PROPERTY
54:43 - WOULD BE APPEALED.
54:44 - RAYS TO 2 MILLION DOLLARS AND
54:46 - AN EFFECTIVE TAX RATE OF
54:48 - 1.9%. THE SECOND PROPERTY
54:50 - POLICE CAPE APPEAL. THEY OWN
54:53 - 1.1 MILLION IN EFFECT A TAX
54:55 - RATE, 1.1% TO
54:58 - IDENTICAL PROPERTIES. BOTH FOR
55:00 - 2 MILLION THE MARKET. ONE
55:02 - EFFECT OF TAX RATE IS NEARLY
55:04 - DOUBLE THAT
55:05 - V A ALL BECAUSE OF THE BASE
55:07 - WILL MOVE FULL STEAM,
55:08 - IT'S A DIFFERENT MEASURE IN
55:10 - TAXATION. ONLY WHEN
55:12 - THE AUNT, THE METHOD AND THE
55:14 - MEASURE ARE YOU FOR AND UNDER
55:17 - PRINCIPLE APPLICATION OF THE
55:18 - LAW FRIENDS AND WE ACHIEVED
55:20 - CONSTITUTE FOR YOU OR ME IN
55:22 - TAXATION.
55:27 - IN THE COMMONWEALTH COURT THAT.
55:30 - THE DECISION THE THIS WAS NOT
55:33 - A DELIBERATE. TO A
55:36 - PARTICULAR CLASS. BUT RATHER
55:38 - THE PURPOSE WAS MAKING A
55:39 - PRUDENT FINANCIAL. A IF YOU
55:43 - BELIEVE THAT'S JUST PRETEXTUAL
55:45 - THAT THAT APPROACH WHAT WHAT
55:47 - ARE YOU SAYING HERE.
55:49 - YES GET THE I HEAR 2 QUESTIONS
55:52 - THERE JUST HAS TO ONE IS TO THE
55:54 - COST BENEFIT ANALYSIS THAT
55:56 - MCCONNELL COURT WAS INFLUENCED.
55:58 - WE JUST THE SCHOOL'S RATIONALE
56:00 - AND THEN ALL SNOW WHETHER
56:02 - IT BE SCHOOLS RATIONALE IS
56:04 - PRETAX IN SINGING AND THE
56:06 - ANSWER TO THE PRETEXT QUESTION
56:08 - FIRST. WHAT
56:12 - WE'RE SEEING. WHAT WE'RE SEEING
56:17 - ACTIONS SPEAK LOUDER THAN WORDS.
56:21 - RATHER
56:22 - THAN ALLOW A TAXING DISTRICT TO
56:24 - HIDE BEHIND FACIALLY NEUTRAL
56:26 - SCHEME AND SAY DON'T LOOK AT
56:28 - THE IMPACT IN FACT AND THOSE
56:31 - THAT WE'RE FEELING.
56:34 - FORD IS
56:35 - ALLOWING SCHOOL DISTRICTS TO
56:36 - NOT HAVE A POLICY
56:38 - IN WRITING THAT'S IN THE COUNTY
56:40 - IS WHERE THEY SAID THIS SPORT,
56:41 - IT REQUIRES THAT THE POLICY
56:43 - BEING WRITING THEY'RE REQUIRING
56:45 - POLICY THEY'RE ALLOWING
56:47 - POLICIES TO BE AN ACTIVE 5
56:48 - YEARS AFTER THE DEAL WAS TAKEN
56:50 - THAT'S THE COMMONWEALTH COURT.
56:52 - IN A SCHOOL DISTRICT MAY 2020.
56:55 - AND THEY'RE ONLY REPORTING THE
56:57 - PROPERTY OWNER. REQUIRE
56:59 - ALLOWING SCHOOL DISTRICTS TO
57:01 - HIDE BEHIND SELF-SERVING
57:02 - STATEMENTS THAT SAY WE MET HIM
57:04 - HE SAYS WE JUST DIDN'T FIND
57:05 - THEM.
57:07 - COST BENEFIT ANALYSIS.
57:10 - A COURT IN HE'S ALONE IN THIS
57:12 - CASE.
57:15 - WE FEAR THAT THIS SPORT AND IN
57:17 - VALLEY FORGE ALLOW A BALANCE
57:20 - BETWEEN SCHOOL DISTRICTS COST
57:22 - BENEFIT AND THE REQUIREMENT OF
57:24 - UNIFORM. THAT'S NOT CONSISTENT
57:27 - WITH THE SPORTS
57:28 - HOLDING BOTH THAT UNIFORMITY IS
57:30 - THE
57:30 - PREEMINENT PRINCIPLE AND ALSO
57:32 - WE LOOK TO THE SALISBURY
57:33 - DECISION OF THIS COURT.
57:36 - THAT THAT CRASH
57:37 - SPOTIFY WAS SQUARELY ADDRESSED
57:40 - AND REJECTED BY THE COURT AS A
57:42 - BALANCING AGAINST UNIFORM.
57:48 - IF YOU LOOK AT I COULDN'T
57:50 - FOLLOW UP.
57:54 - IN CASE, I
57:55 - MEAN THAT THE TAXING BODIES,
57:57 - THEY'RE SET UP ONLY THE TAX
57:59 - COMMERCIAL ENTITIES HERE THEY
58:01 - TOLD THE GUY GO OUT.
58:05 - OTHERS IN THE REACH OF
58:06 - YOUR ART YET BECAUSE ADULTS ARE
58:08 - ENDED BACKS UP TO BE CONSTRUED
58:10 - GUESS YOU'RE RIGHT. THIS COMES
58:11 - UP WITH US THE MOVIE A SUMMARY
58:13 - JUDGMENT.
58:23 - THE GUNS AND GOT OUT
58:25 - DOWN MILLIONAIRE'S ROW AND
58:28 - 13 PROPERTIES THAT HE AND HIS
58:30 - EXPERT YOU
58:31 - FELT WERE A LIKELY TO BE UNDER
58:33 - ASSESS. STANCH LEADER SAYS AND
58:35 - GO AFTER.
58:40 - ISN'T IT. THE CASE.
58:45 - THE B B'S.
58:48 - THE TAXATION.
58:54 - WHEN ANYBODY THE ATTACK
58:55 - BEARS OR SCHOOL DISTRICTS
58:57 - BRINGING APPEAL.
59:02 - WITH RESPECT TO THE QUESTION
59:04 - ABOUT HOW THEY SELECTED APPEALS
59:07 - AND THE DISTINCTION ON THE
59:08 - BACKS OF AL GORE.
59:15 - ALL HIGHLY DOWN
59:17 - COMMERCIAL PROPERTIES. THAT'S
59:18 - IN THE RECORD AT ONE 85.
59:20 - AND THERE ARE 9,500 PROPERTIES
59:23 - IN DISTRICT. SO IT MAKES NO
59:25 - MATTER IF IT'S 12 MILLIONAIRES
59:27 - OR CALL MARSHALL PROPERTY
59:28 - OWNERS. THE OTHER WAY THE
59:31 - EFFECTIVE TAX RATE
59:32 - IS GOING TO BE HIGHER FOR THE
59:34 - FALL PROPERTIES THAT THE APPEAL
59:36 - FOR THE POLICE
59:37 - SITUATED PROPERTIES SO I CAN
59:39 - SIT WITH PROPERTIES WILL BE
59:40 - PAYING DIFFERENT EFFECTIVE
59:42 - TAX RATES DEPENDING ON WHETHER
59:44 - THEY GOT HIT OR NOT HIT BY THE
59:46 - SCHOOL DISTRICT FOR PEEL.
59:49 - THE COUNCIL JUST AS YOU MAYBE
59:52 - I'M SENDING AND WHAT OUR GIVE
59:54 - ME GIVE YOU THE WIFE.
59:56 - I THOUGHT THAT YOUR ARGUMENT
59:58 - WITH PREMISED ON THE NOTION
59:59 - 059 THAT THERE WAS DISPARATE
01:00 - 02.589 TREATMENT BETWEEN COMMERCIAL
01:00 - 04.589 AND RESIDENTIAL PROPERTY IS
01:00 - 06.000 THAT NOT WHAT YOU ARE GIVEN.
01:00 - 09.249 THAT IS AN ARGUMENT AS WELL
01:00 - 10.360 JUST AS TONY YOU.
01:00 - 12.559 AND PRIMARILY IS THAT
01:00 - 14.229 THEY HAVE SELECTED BASED ON A
01:00 - 16.499 MONETARY THRESHOLD WHICH IS SET
01:00 - 17.719 FORTH IN THEIR ASSAULT AND
01:00 - 19.689 EMAIL THAT SAYS ALL PROPERTIES
01:00 - 22.380 THAT ARE UNDER SAYS. AND ALL.
01:00 - 27.739 OF THE CASE ARE THAT THEY ALSO
01:00 - 29.540 ONLY FIELD MARSHAL PROFIT.
01:00 - 31.750 WE BELIEVE THAT THE
01:00 - 33.349 MORE FORD'S AND THE
01:00 - 35.479 COMMONWEALTH COURT HAVE
01:00 - 37.289 NARROWLY CONSTRUED VALLEY FORGE
01:00 - 37.890 TO MEAN THAT
01:00 - 40.769 IT'S OK TO APPEAL. MARSHALL SO
01:00 - 42.689 LONG AS YOU CONSIDER APPEALING
01:00 - 43.690 PRESIDENTIAL.
01:00 - 46.860 YES, MY NEXT
01:00 - 49.959 COMING INTO THIS ARGUMENT I
01:00 - 52.639 WOULD WORKING AND GAVE
01:00 - 55.589 THE IMPRESSION THAT YOU RE VERY
01:00 - 57.669 I THINK MY FAME WAS BASED ON
01:00 - 01.259 THE COMMERCIAL VERSUS BUT THE
01:01 - 02.660 CAJUNS OF PROPERTY.
01:01 - 05.639 IT ELAINE I WANT TO FOLLOW
01:01 - 06.869 THROUGH ON THAT BECAUSE I THINK
01:01 - 08.169 THAT WHAT YOUR ARGUMENT IS THAT
01:01 - 09.719 THINK THAT WAY THAT THE
01:01 - 11.119 COMMONWEALTH COURT ADDRESSED
01:01 - 12.120 THE STATE.
01:01 - 15.159 YOU KNOW A NEW RECORD THAT
01:01 - 16.620 THERE WERE IN ANY.
01:01 - 19.299 A RESIDENT FELLOW PIECES
01:01 - 22.079 OF PROPERTY THAT WERE EXCLUDED
01:01 - 23.700 FROM THIS ASSESSMENT PROCESS.
01:01 - 26.920 ISN'T IT YOUR CLIENT.
01:01 - 36.609 BRIAN ARE BASED ON THE
01:01 - 38.290 ACTIONS SPEAK LOUDER THAN WORDS
01:01 - 40.409 HERE ARE THE SCHOOL THE FIRE
01:01 - 42.489 LONG HAUL PROPERTIES ALL OF
01:01 - 43.680 WHICH ARE MARSHALL.
01:01 - 47.369 THEIR OWN ACTIONS DEMONSTRATE
01:01 - 48.849 THAT THEY SELECTED WHO
01:01 - 49.850 PROPERTIES FOR
01:01 - 55.069 MEAN IT IN ACTION LARRY I
01:01 - 56.609 DIDN'T WORRY THAT THE ANSWER
01:01 - 57.040 WOULD BE
01:01 - 59.279 EVIDENT REQUESTED WHERE IS THE
01:01 - 00.749 EVIDENCE THAT THERE WERE ANY
01:02 - 03.259 RESIDENTIAL PROPERTY IN FACT IN
01:02 - 05.489 DISTRESS THAT FELL WITHIN THE
01:02 - 06.490 CRITERIA.
01:02 - 08.459 THAT IS NOT IN THE RECORD,
01:02 - 11.090 YOU KNOW. ISN'T THAT YOUR BIRD
01:02 - 14.489 TO ESTABLISH THAT THERE WERE
01:02 - 16.589 RESIDENTIAL PROPERTY IN ORDER
01:02 - 17.590 TO.
01:02 - 21.219 WAYSIDE VERY BIG THING BETWEEN
01:02 - 22.369 RESIDENTIAL AND COMMERCIAL
01:02 - 23.370 PROPERTY.
01:02 - 32.829 AND UNFAIR BURDEN ON
01:02 - 34.749 THE TAXPAYER. THEY HAVE TO
01:02 - 36.079 PROVE ABOUT WHAT THE SCHOOL
01:02 - 38.209 SELECTION SKI MASK AND THERE'S
01:02 - 38.590 THE MATTER
01:02 - 40.919 PUBLIC POLICY SINCE THE SCHOOL
01:02 - 42.779 HAS A CONSTITUTIONAL MANDATE TO
01:02 - 45.919 IMPLEMENT ITS POLICY. UNIFORMLY
01:02 - 47.050 AND TRANSPARENTLY.
01:02 - 49.339 IT SAID TELL US WHAT THE
01:02 - 51.429 HOMELESS WEEKENDS AND ONCE WE
01:02 - 52.589 DEMONSTRATE AN OPERATION
01:02 - 55.359 IN FACT THE POLICY UNFAIRLY 3
01:02 - 57.329 TO ONE LAST FOR SOME DEVICE, A
01:02 - 59.439 COST. THE INQUIRY ENDS AND THE
01:02 - 00.290 GREEN SHIFTS TO THE
01:03 - 02.059 SCHOOL DISTRICT TO PROVE THIS
01:03 - 03.479 POLICY IS NOT THAT WE
01:03 - 06.029 DID NOT IMPLEMENT THE POLICY
01:03 - 07.040 AND FUNDING REFORM.
01:03 - 14.749 I MENTIONED THIS
01:03 - 17.089 IS HERE FROM SUMMARY JUDGMENT.
01:03 - 18.480 THE COMPANY IS THAT CORRECT.
01:03 - 20.809 IT WAS A MOTION TO QUASH A
01:03 - 22.010 MOTION TO DISMISS.
01:03 - 23.319 THE MOTION THE NEXT I DO
01:03 - 24.870 RECALL THAT THE MOST THE CLOCK.
01:03 - 27.470 THE INDICTMENT TRIAL COURT.
01:03 - 32.770 SCHOOL IS CELTICS EMAIL.
01:03 - 35.820 THE MAIL TO SELL IT SAID.
01:03 - 37.390 I TAKE.
01:03 - 40.169 IT WOULD GIVE US ADVICE IS WHAT
01:03 - 41.959 IS MOST ON THAT UNDER A
01:03 - 44.759 SET INSUFFICIENT SUFFICIENT TO
01:03 - 46.659 JUSTIFY COST EFFECTIVE TAKING
01:03 - 48.559 THE FIELD THAT WHAT YOU'RE
01:03 - 50.759 REALLY SAYING IF YOU BELIEVE
01:03 - 51.760 THAT.
01:03 - 57.140 THE CONSULTANT
01:03 - 59.469 ALSO SAD. I RECOMMEND THAT YOU
01:03 - 01.019 FEEL THE SMALL PROPERTIES ARE
01:04 - 02.020 DESPITE KNOWN.
01:04 - 04.550 IF YOU'RE
01:04 - 06.429 HUMAN THAT YOU HAVE OF GETTING
01:04 - 08.130 YOU IN THESE 2 MATERIALS BACK.
01:04 - 11.700 AS TO WHETHER THE WHO IS GREAT.
01:04 - 16.810 THEIR ASSESSMENT BASED ON.
01:04 - 18.890 THE MOST UNDER A DESK
01:04 - 20.700 OR THE VIDING IT
01:04 - 21.989 PROPERTIES WORTH A MILLION OR
01:04 - 23.089 LESS A MILLION AND WE WANT TO
01:04 - 24.090 TRY THAT.
01:04 - 28.959 THE THE E-MAIL THAT YOU
01:04 - 30.919 REFERRED TO A CONSULTANT FOR
01:04 - 32.410 THE SCHOOL MANAGER SAYS
01:04 - 34.119 APPEAL THE MOST UNDER SAYS
01:04 - 35.649 PROPERTIES WITHOUT REGARD TO
01:04 - 36.650 CLASS.
01:04 - 41.159 SO SERVING STATEMENTS WHO ARE AT
01:04 - 43.129 THE SCHOOLS MENTIONED EVERY WE
01:04 - 44.509 FEEL SOME PROPERTIES THAT ARE
01:04 - 46.859 ON RECESS. IF SCHOOLS ARE
01:04 - 49.379 ALLOWED TO REHEARSAL POLICY
01:04 - 51.540 THAT'S BAD NEWS THAT HAPPENED.
01:04 - 52.999 WE CAN NEVER ENFORCED
01:04 - 54.000 UNIFORMITY.
01:04 - 57.099 THAT'S WHY LOOK TO
01:04 - 58.879 THE OPERATION THAT BACK TO WHAT
01:04 - 00.080 THEY ACTUALLY FEEL.
01:05 - 01.530 THIS FOLLOWED.
01:05 - 05.329 AGAIN I'M NOT A PURELY ON
01:05 - 06.499 SUMMARY JUDGMENT THERE ON A
01:05 - 07.500 MOTION TO QUASH.
01:05 - 09.489 WHEN HE HAVE AN ISSUE
01:05 - 10.729 OR NOT HAVE AN ISSUE IS THIS
01:05 - 11.839 THE DAWN WHO SAID YOU HAVE TO
01:05 - 13.329 BRING UP EVIDENCE CREATED
01:05 - 14.330 JANUARY.
01:05 - 17.440 WERE YOU A CRUEL. THAT
01:05 - 20.060 IT IS THIS IS A IT'S A.
01:05 - 23.290 CROWN COURT AFTER 2 HEARING.
01:05 - 25.669 THE TERMINALS THAT'S THE
01:05 - 27.619 ASSESSMENT OCCURRING HERE IF
01:05 - 30.499 THEY SLOWLY ON WHAT IS THE MOST
01:05 - 32.509 UNDER SAYS PROPERTY THAT DOES
01:05 - 34.040 NOT VIOLATE UNIFORM.
01:05 - 39.049 I THINK WE NEED TO HAVE A
01:05 - 40.429 STANDARD FOR WHAT THE MOST
01:05 - 42.789 ONEROUS ESTIS I THINK IF WE
01:05 - 44.949 ALLOW SCHOOLS TO HAVE A STANDARD
01:05 - 46.809 THAT SAYS THE APPEAL SOME BUT
01:05 - 48.679 NOT OTHERS IN HOLMES APARTMENT,
01:05 - 50.909 I KNOW IT WHEN I SEE IT THAT'S
01:05 - 52.180 NOT THE STANDARD AT ALL.
01:05 - 56.399 POWERFUL THEREFORE ARE YOU
01:05 - 57.400 SAYING DAS.
01:05 - 59.309 THAT'S THERE FOR SCHOOL
01:05 - 01.730 DISTRICTS HAVE TO APPEAL EVERY.
01:06 - 08.159 THEY VIEW IN IN THEIR CATCHMENT
01:06 - 09.790 AREA OR NO 9.
01:06 - 12.469 THE FACE. I MEAN THAT YOU DON'T
01:06 - 14.880 ACCEPT. ANY CRITERIA.
01:06 - 19.999 SPORT LENA, 3 OPTIONS FOR
01:06 - 22.639 SCHOOL DISTRICTS BY THAT AND
01:06 - 24.129 REJECTED THAT THE ONLY OPTION
01:06 - 25.679 TO THEM IS TO APPEAL ALL
01:06 - 27.460 PROPERTY AND THE OPTIONS ARE.
01:06 - 29.650 OF COURSE NOW THE PRINCIPAL.
01:06 - 33.609 RAISING NO INJURY OR ASKING FOR
01:06 - 34.990 A COUNTYWIDE REASSESSMENT.
01:06 - 50.409 IF MISTER LUKENS HAD
01:06 - 51.430 CONTINUED DRIVING.
01:06 - 56.030 REALLY WEALTHY NEIGHBORHOOD.
01:06 - 59.419 SENT AN E-MAIL BACK TO THE
01:06 - 00.559 DISTRICT IS THAT I THINK THESE
01:07 - 02.759 13 ARE LIKELY TO BE ADDRESSED
01:07 - 04.859 BY MORE THAN YOU
01:07 - 06.559 KNOW, BUT BUT MORE THAN A
01:07 - 07.560 MILLION TO MARKET.
01:07 - 10.719 WOULD YOU BE STANDING IN FRONT
01:07 - 13.879 OF US IN SAYING THAT IN A FORM
01:07 - 16.050 OF THE CAUSE. A VIOLATION.
01:07 - 21.409 MONETARY PRESS ON THE RIGHT
01:07 - 22.410 LINE AND STAND.
01:07 - 24.979 IS A NEW YORK OR
01:07 - 27.539 ANY VIOLATION BECAUSE IT SAYS
01:07 - 29.179 TO PERFECTED RATES FOR PEOPLE
01:07 - 30.539 JUST UNDER AND JUST OVER THE
01:07 - 32.569 THRESHOLD. JUST AS IN MOUNT
01:07 - 34.349 AIRY AND JUST AS THEN
01:07 - 37.209 NEXT TELL AND ALL OTHER CASES
01:07 - 38.719 IN WHICH THIS COURT HAS A VALUE
01:07 - 40.299 DEFECTIVE HATCH MAKING A LINE
01:07 - 41.330 IN THE SAND IS STRONG.
01:07 - 43.619 WAIT A MINUTE YOU'RE I THINK
01:07 - 45.419 YOU'RE IMPROVING ON YOUR ON
01:07 - 47.229 YOUR RECORD SUMMARY JUDGMENT OR
01:07 - 48.230 ON MOTION HERE.
01:07 - 58.259 IF YOU'RE DOING SO IN THE
01:07 - 01.270 STRAIT ONLY OF THE EMAIL EAR.
01:08 - 08.879 THERE IS NO COST BENEFIT
01:08 - 10.260 ANALYSIS ALLOW.
01:08 - 14.800 TITLE TO UNDERTAKE.
01:08 - 20.140 THEY THEY WILL BRING THEM.
01:08 - 25.990 TESTS DOWN JUST WHY.
01:08 - 31.009 IT'S THE SCHOOL DISTRICT
01:08 - 32.779 POLICIES BASED ON BEFORE NOW
01:08 - 34.650 THE PRINCIPAL I THINK IT STANDS.
01:08 - 36.729 THEY USING
01:08 - 38.809 THE COST BENEFIT ANALYSIS AS
01:08 - 40.349 THEIR EXPLANATION FOR CHOOSING
01:08 - 42.189 SOME MORE NOW THAT OTHERS I
01:08 - 43.469 DON'T THINK STANDS UNDER THIS
01:08 - 45.819 COURT'S PRECEDENT I THINK COMES
01:08 - 48.239 TO THE UNIFORMITY REFORM AND
01:08 - 49.750 THE HIGHER THE COST TO SHIP.
01:08 - 53.339 IT'S JUST A VERY GOOD
01:08 - 55.579 BUT REALLY THEY'RE GENERALLY
01:08 - 57.260 WEEK ASIDE QUESTIONS, THE LAW,
01:08 - 59.519 YOU KNOW YOU'RE 30 AROUND THE
01:08 - 00.959 REALLY HAVE A BASIC FACILE
01:09 - 02.829 DISPUTE THAT YOU'RE REALLY JUST
01:09 - 05.069 SAYING TO US IS I MY CLIENT
01:09 - 06.530 DOESN'T BELIEVE SCHOOL DISTRICT
01:09 - 08.379 WHEN SCHOOL DISTRICT SAYS WE
01:09 - 10.469 BASED OUR ASSESSMENT ON MOST
01:09 - 11.470 UNDERSTAND.
01:09 - 13.899 THAT'S THAT'S THE SUM AND
01:09 - 15.609 SUBSTANCE OF THE ARGUMENT NOT
01:09 - 16.810 REALLY FIGHTING ABOUT THE LAW.
01:09 - 19.850 THAT IS THAT UNFAIR TO YOU.
01:09 - 24.929 RECORD OF THE SCHOOL'S OWN
01:09 - 26.279 STATEMENTS FROM THE ONLY
01:09 - 27.930 EVIDENCE THAT WENT IN ON 5.
01:09 - 29.280 THE SCHOOL.
01:09 - 31.359 I ASKED THE CONSULTANT TO LOOK
01:09 - 32.360 AT ALL THE PROBLEMS AND ARE
01:09 - 33.829 ASSESSED AND THE RETURN THAT
01:09 - 35.219 THEY THOUGHT IS PROPERTIES ON
01:09 - 36.609 YOUR MONEY IN DOLLARS AND
01:09 - 38.399 RECESSED AND THE SCHOOL ADOPTED
01:09 - 39.929 THAT ON THE BASIS OF THE
01:09 - 41.279 RECOMMENDATION OF ITS AGENTS.
01:09 - 42.639 SO I THINK THE FACT IS THE
01:09 - 44.929 SCHOOLS, A POLICY BY INTO
01:09 - 45.380 ACTION.
01:09 - 47.250 THE TRIAL COURT DISAGREED.
01:09 - 50.279 THE QUESTION IS THE ROUTE 45
01:09 - 52.119 BEFORE A RECORD SUFFICIENT
01:09 - 54.309 PERMITTED TO DISAGREE. AND
01:09 - 55.799 THAT'S ALL THIS CASE IS REALLY
01:09 - 56.800 ABOUT.
01:10 - 02.710 I THINK THAN THE.
01:10 - 05.270 SCHOOL
01:10 - 07.249 HAS TO BE HOME TO THE ACTIONS
01:10 - 09.149 THAT IT ACTUALLY FELL AS
01:10 - 10.669 OPPOSED TO THE
01:10 - 12.559 ACTIONS THAT DAY OR THE
01:10 - 14.169 STATEMENTS THAT IT MAKES AFTER
01:10 - 15.800 THE FACT ABOUT WHAT IT MEANT BY
01:10 - 19.340 YOU WANT YOU WANT THERE TO
01:10 - 22.559 EYES FROM THIS INCOMPLETE
01:10 - 24.389 RECORD THAT THERE'S CLEAR
01:10 - 26.339 EVIDENCE OF PROJECTS. I GUESS
01:10 - 27.940 BASICALLY JUST ON THE SPRING.
01:10 - 31.360 THE OUTPUT. IT WAS 12% DROP.
01:10 - 36.970 THEY SAY YOU DON'T HAVE 5.
01:10 - 40.210 ACTUAL IN ANY ANY ONE GROUP.
01:10 - 42.869 IT FEELS WE'VE GOT A FORM OF
01:10 - 43.870 THE VIOLATION.
01:10 - 48.520 IT NEEDS TO UP FRONT.
01:10 - 52.909 HOLDING THE BOARD TO UNDERTAKE
01:10 - 54.999 WOULD NET HANDCUFFED JACKSON
01:10 - 56.000 BOUGHT.
01:10 - 01.269 AND DON'T EXPECT A GREAT LINE
01:11 - 02.889 HERE TOO IS AN AUTHENTIC 3 IS
01:11 - 05.129 IN NOW. BUT IF THEIR POLICIES
01:11 - 07.449 APPLY PROPORTIONAL IT SHOULD BE
01:11 - 09.279 GOING IN PRESIDENT SHOULD BE
01:11 - 11.099 DRAWN IN MARSHALL. IT SHOULD BE
01:11 - 12.649 DRYING IN HIGH VALUE PROPERTIES
01:11 - 13.650 AND ALL ABOUT.
01:11 - 15.839 IT SHOULD BE BASED ON THE
01:11 - 18.280 PROPORTION. A CALL FOR OFF THE
01:11 - 20.109 PROPERTIES ASSESSMENT IS
01:11 - 21.699 COMPARED TO THE MARKET AS
01:11 - 23.200 OPPOSED TO A GREAT LINE STAND.
01:11 - 26.929 THAT FOLLOWED A SURE ARGUMENT
01:11 - 29.729 IS THAT. IS I UNDERSTAND IT ON
01:11 - 31.929 THE RECORD. THE
01:11 - 33.469 SCHOOL DISTRICT ADOPTED A
01:11 - 37.049 POLICY RECOMMENDED. BY THEIR
01:11 - 40.430 CAN SOLVE. THE UNDERTAKING PEEL.
01:11 - 43.409 AND HE SAID THAT HE IS ELECTED
01:11 - 45.829 OR TARGET OF PROPERTY. THE HIGH
01:11 - 47.059 PROBABILITY OF BEING
01:11 - 48.419 UNDERSTAFFED BY MORE THAN A
01:11 - 50.139 BILLION DOLLARS IN MARKET BY
01:11 - 51.140 CORRECT.
01:11 - 54.400 THE SCHOOL DISTRICT CREATED
01:11 - 55.620 BLACK.
01:11 - 58.819 PROPERTIES THAT THEY WERE GOING
01:11 - 00.280 TO GO AFTER YOU'RE CORRECT.
01:12 - 03.609 YES THAT YOUR ARGUMENT THAT
01:12 - 04.610 YOU PERMISSION.
01:12 - 06.869 AND SECONDLY ON YOUR APPEAL OF
01:12 - 08.829 THE COMMONWEALTH COURT. THE
01:12 - 10.209 CHALLENGE NOW TURNING THE FACT
01:12 - 11.629 THAT THESE ENDED UP BEING A
01:12 - 12.630 COMMERCIAL PROPERTY.
01:12 - 15.199 THE DOCKING A MONETARY
01:12 - 17.009 THRESHOLD EFFECTIVELY TARGET
01:12 - 18.010 ONLY THE PROPERTY.
01:12 - 20.799 IT ACTUALLY MARKET FIRE OVER A
01:12 - 22.630 MILLION DOLLARS. THE RECESS.
01:12 - 29.019 MASTER WE KNOW THAT IT'S A LOT
01:12 - 30.070 AND I THINK IT'S TRUE.
01:12 - 32.769 IT CREATED A CLASS BECAUSE IT'S
01:12 - 35.089 MATHEMATICALLY POSSIBLE THAT
01:12 - 35.460 DRAMATIC
01:12 - 37.949 BE POSSIBLE. THE PROPERTY WOULD
01:12 - 39.609 ACTUALLY MARKET BY LESS THAN A
01:12 - 41.099 MILLION DOLLARS. THE
01:12 - 42.580 UNDERSTAFFED BY MORE THAN ONE.
01:12 - 45.020 THEY'RE PRETTY. YES.
01:12 - 55.969 IF YOU'RE TARGETING AND I
01:12 - 57.310 UNDERSTAND THE REASON I'M NOT.
01:12 - 00.480 LET'S GO AFTER THE PROPERTY.
01:13 - 03.449 WE CAN MAKE THE MOST MONEY THAT
01:13 - 04.710 SPENDING READ MY MIND.
01:13 - 08.439 THE ARGUMENT IS USING A CATTLE
01:13 - 09.440 CALL THE UNIFORMITY.
01:13 - 11.160 YES, YOUR HONOR.
01:13 - 19.629 THANK YOU VERY MUCH TO THE
01:13 - 21.849 CAUSE. NOBODY HAS ANY FURTHER
01:13 - 25.659 QUESTIONS BEST A LEE. AGAIN THE
01:13 - 28.489 CASE WHERE. 2 COUNCIL ARE GOING
01:13 - 30.549 TO BIDE THEIR TIME. ITALY'S
01:13 - 32.110 DOES NOT IT WAS AT.
01:13 - 38.459 AND JUST AS THERE ARE MORE
01:13 - 39.779 JUSTICES MAY IT PLEASE
01:13 - 41.609 THE COURT. SCOTT WITHERS OF
01:13 - 43.649 LAND MCELWAIN ON PATH YOU FELL
01:13 - 45.419 IN THIS MATTER CAN I CAN TELL
01:13 - 47.749 THE SCHOOL DISTRICT. SCHOOL
01:13 - 48.750 DISTRICT WILL HE.
01:13 - 51.369 IF THIS BEARS INSTRUCTION GIVEN
01:13 - 52.980 AT THE OUTSET NOT TO PILE ON
01:13 - 54.709 THE SCHOOL DISTRICT WILL DRESS
01:13 - 55.949 UNIFORM THE ARGUMENTS THAT THE
01:13 - 57.570 APPELLANT AND
01:13 - 59.769 MISTER BREAKDOWN ON BEHALF OF
01:13 - 01.549 THE CHESTER COUNTY WILL THE
01:14 - 01.880 DRESS THE
01:14 - 03.249 BOARD'S POSITION AND THE
01:14 - 04.689 PRACTICAL EFFECT OF THE RELIEF
01:14 - 06.219 REQUESTED ON THE TAX ASSESSMENT
01:14 - 07.220 SYSTEM AS A WHOLE.
01:14 - 09.719 THE RIDERS, THE SCHOOL DISTRICT
01:14 - 11.979 CREATED NO CLASS IN THIS
01:14 - 13.689 APPEAL. THE SCHOOL DISTRICT
01:14 - 15.649 HAS NOT DIVIDED REAL ESTATE
01:14 - 17.409 INTO TO SELL FAST PATIENTS, A
01:14 - 18.819 PROPERTY. THIS TECH
01:14 - 21.329 THEY'RE LEGIT THE ENTIRETY OF
01:14 - 22.929 THAT ARGUMENT IS BASED ON A
01:14 - 24.819 READING OF THE EMAIL FROM
01:14 - 27.609 MISTER LOU. THAT IS EXHIBIT THE
01:14 - 29.920 2 CROWDS OF UP TO 2. AND WHEN
01:14 - 32.999 IN THE WRECK. THERE MR. LUKENS
01:14 - 34.720 RIGHTS, THE FOLLOWING
01:14 - 36.749 IS A LIST OF PROPERTIES WITH
01:14 - 38.589 ANYTHING HAVE A HIGH
01:14 - 39.909 PROBABILITY OF BEING UNDER
01:14 - 41.839 ASSESSED BY MORE THAN 1 MILLION
01:14 - 42.930 DOLLARS OF MARKET VALUE.
01:14 - 47.719 THE TAX PAYER BELIEVES THAT
01:14 - 48.890 THIS ESTABLISHES
01:14 - 50.319 SCHOOL DISTRICT DIVIDED THE
01:14 - 52.039 REAL ESTATE INSTITUTE SO FAST
01:14 - 54.039 THAT PROPERTY THAT IS
01:14 - 57.069 PURE SPECULATION. THE EMAIL DID
01:14 - 59.329 NOT SAY. WE CONSIDERED
01:14 - 01.479 ONLY PROPERTIES WITH ACTUAL
01:15 - 02.760 MARKET VALUE OF MORE THAN
01:15 - 05.029 1 MILLION DOLLARS FOR POTENTIAL
01:15 - 06.900 APPEALS ASSESSMENT APPEALS.
01:15 - 08.999 THAT'S NOT WHAT ANY MEAL SETS
01:15 - 11.329 THE ONLY WAY YOU CAN FIND THE
01:15 - 12.919 SCHOOL DISTRICT CREATED TOO
01:15 - 16.039 FAST HERE IS TO SPECULATE AS TO
01:15 - 18.989 THE MEANING OF MANY. MISTER
01:15 - 20.859 WHETHER THAT LET ME ASK YOU
01:15 - 22.309 THIS THEN I WOULD BE
01:15 - 24.039 MATHEMATICALLY POSSIBLE FOR ANY
01:15 - 25.959 PROPERTY WAS ACTOR MARKET BY
01:15 - 26.960 LESS THAN A MILLION.
01:15 - 28.469 THE UNDER ASSESSED BY MORE
01:15 - 29.470 THAN THAT.
01:15 - 32.090 I DON'T THINK IT IS POSSIBLE.
01:15 - 33.890 THAT'S A CLAIM TO SAILORS.
01:15 - 35.609 BUT THAT'S BUT THAT
01:15 - 37.929 IS NOT THAT'S AN ASSUMPTION
01:15 - 39.819 THAT THIS SENTENCE WHICH AND BE
01:15 - 41.979 CONSTRUED AS AN OBSERVATION IN
01:15 - 43.219 THIS COUNTRY IN MANY DIFFERENT
01:15 - 44.229 WAYS, THE
01:15 - 46.619 ADS SAY SPECULATION THAT THIS
01:15 - 49.049 SENTENCE MEANS HE DIVIDED IT
01:15 - 51.839 INTO 2 CLASSIFICATIONS AND THAT
01:15 - 53.650 WAS HIS SELECTION METHODOLOGY
01:15 - 55.689 THAT SENTENCE SAYS NO SUCH
01:15 - 56.690 THING.
01:15 - 59.359 AND YOU PAY FOR THE TAX PAYER
01:15 - 01.149 TO HAVE ESTABLISHED THAT IT
01:16 - 02.589 WOULD HAVE BEEN TO CALL THIS
01:16 - 05.320 WITNESS. AND WHAT THAT MEANT
01:16 - 07.979 THE TAXPAYER DIDN'T DO THAT AND
01:16 - 10.039 JUSTICE WECHT SAID THIS IS A
01:16 - 11.889 CASE WHERE THE COURT IS
01:16 - 14.119 BEING ASKED THE SURMISE FROM AN
01:16 - 16.239 INCOMPLETE RECORD THAT THERE
01:16 - 17.790 WAS SOME KIND OF DISCRIMINATION.
01:16 - 20.619 THE RECORD ON THE UNIFORM IN
01:16 - 21.640 PLAIN IN THIS CASE
01:16 - 23.849 IS COMPLETELY DEFICIENT.
01:16 - 25.449 IT CONSISTS OF 3 E-MAILS AND A
01:16 - 25.780 LITTLE BIT
01:16 - 27.419 OF TESTIMONY AND SHE FACES
01:16 - 29.119 THERE TO ANSWER YOUR QUESTION
01:16 - 31.069 EARLIER ABOUT THE PROCEDURAL
01:16 - 31.630 POSTURE OF
01:16 - 33.709 THIS MOTION. A PRETRIAL MOTION
01:16 - 34.909 TO DISMISS WAS FILED BY THE
01:16 - 35.910 TAXPAYER.
01:16 - 38.059 BECAUSE NO PRECIP. HE WAS FILED
01:16 - 39.739 IN THE TRIAL COURT. I WAS NEVER
01:16 - 40.860 RULED ON FREE TRIAL.
01:16 - 42.429 SO AT THE BEGINNING OF THE
01:16 - 43.889 ASSESSMENT TRIAL IN THIS
01:16 - 45.650 MATTER. THE TRIAL COURT.
01:16 - 49.149 THE TAXPAYER IF THEY HAD ANY
01:16 - 50.279 EVIDENCE TO PUT ON IN THEIR
01:16 - 52.419 UNIFORM, IT TAKES AND THE SOLE
01:16 - 53.589 EVIDENCE THEY PRESENTED WITH
01:16 - 54.670 THOSE 3 E-MAILS.
01:16 - 57.179 THIS IS A COMPLETELY DEFICIENT
01:16 - 58.349 AND ACCURATE THIS KIND OF
01:16 - 01.269 VIOLATION. THE WINNER. THE AIR
01:17 - 02.589 AGAIN I'M JUST FOLLOWING UP TO
01:17 - 03.650 MAKE SURE I UNDERSTAND.
01:17 - 06.599 THE CROWD THAT HE REALLY DID
01:17 - 07.600 CHANGE.
01:17 - 09.850 TRACK YOUR ON
01:17 - 11.509 THE BACK IN THE EVIDENTIARY
01:17 - 12.989 HEARING BEFORE JUDGE THINKING
01:17 - 13.630 IS THAT CORRECT.
01:17 - 16.129 THE WRECK. IF YOU MENTION
01:17 - 17.549 THAT HE TOO IS THE TRIAL
01:17 - 19.619 EXHIBIT. THERE WAS A FESTIVE
01:17 - 20.620 CROWD.
01:17 - 24.700 IN IN THERE FOR JUDGE SHAKEN.
01:17 - 27.449 SOME EXTENT THAT MAY BE EVERY
01:17 - 28.450 STEP.
01:17 - 30.999 HAS MADE A FACILE
01:17 - 33.899 THE TERMINATION THE REJECTING
01:17 - 36.379 THE VI SUMMIT. HIS TOP
01:17 - 37.869 OF IT. PRIVATE COMING FROM
01:17 - 38.430 RIGHT OR ON
01:17 - 41.669 THE WAY REJECTING THAT WE
01:17 - 42.700 MILLION DOLLARS
01:17 - 45.369 PLUS THE RATHER EXCEPT THING
01:17 - 48.029 THE THE EMAIL THAT I REFERENCED
01:17 - 50.720 EARLIER HIS FATHER IN WHICH
01:17 - 54.460 THE SCHOOL
01:17 - 58.659 NO SPECIFICALLY REQUEST FROM
01:17 - 00.019 THE SCHOOL DISTRICT ITSELF TO
01:18 - 00.400 THE SCHOOL
01:18 - 02.899 DISTRICT SAID LOOK IT IS ONLY A
01:18 - 04.039 MATTER OF WHAT'S UNDER THE
01:18 - 05.670 DESK. THOUGH SANDERS.
01:18 - 09.229 SO WE WE DON'T HAVE HE SAID SHE
01:18 - 10.779 SAID WE HAVE A FACTUAL FINDINGS
01:18 - 12.190 BY TRUMP. CORRECT.
01:18 - 14.040 I WOULD AGREE WITH YOUR
01:18 - 15.860 RECITATION KEEP A SPARE YES.
01:18 - 20.660 RECORD WE DON'T HAVE.
01:18 - 23.729 A RECORD THAT THE SCHOOL
01:18 - 25.829 DISTRICT HAS TREATED SO CLASSIC
01:18 - 26.480 VACATIONS OF
01:18 - 28.309 PROPERTY DIFFERENTLY AS FOR HIM
01:18 - 29.869 TO FINALLY FOR THE SPORTS
01:18 - 30.870 JURISPRUDENCE.
01:18 - 33.459 NOW FINALLY BACK AND NOT ONLY
01:18 - 35.339 DOMINATE THIS. BUT I THINK IT'S
01:18 - 37.430 THE HOMEMADE THE ARGUMENT THAT
01:18 - 39.699 ONE. THERE'S
01:18 - 41.599 A QUESTION IS THE WHETHER OR
01:18 - 43.839 NOT SCOTT DOUG REAL QUICK BY
01:18 - 46.179 THE SCHOOL DISTRICT. MILLION A
01:18 - 47.899 LOT OF MILLION BETTER THAN
01:18 - 49.800 THAT. IF THE BRIDE. YOU.
01:18 - 54.820 IF YOU DON'T SAY.
01:18 - 56.759 I DON'T FEEL I DON'T
01:18 - 58.169 UNDERSTAND HOW THE BURDEN COULD
01:18 - 59.170 POSSIBLY SHIP.
01:19 - 01.969 ACTUALLY THE GENERAL ASSEMBLY
01:19 - 02.500 ARE PRESUMED TO
01:19 - 04.769 BE CONSTITUTIONAL ITS STATUTORY
01:19 - 06.219 GRANT OF AUTHORITY HERE IS THE
01:19 - 07.889 FAMED 53 PH
01:19 - 11.729 D S 858855 WHICH AUTHORIZES
01:19 - 13.030 APPEAL BY SCHOOL DISTRICT.
01:19 - 14.489 THAT'S PRESUMED TO BE
01:19 - 15.490 CONSTITUTIONAL.
01:19 - 18.019 AS STATED BY THIS COURT AND
01:19 - 21.199 FISHER CONTROLS IN 1977 A
01:19 - 22.669 TAXPAYER COMPLAINING THE
01:19 - 24.100 ADMINISTRATION OF THE TAX.
01:19 - 25.749 THE HIGHLIGHTS ITS RIGHT TO BE
01:19 - 27.759 TAXED UNIFORMLY WITH OTHERS IN
01:19 - 29.349 ITS CLASS. LET'S DEMONSTRATE
01:19 - 30.999 DELIBERATE PURPOSEFUL THE
01:19 - 31.910 DISCRIMINATION IN THE
01:19 - 32.590 APPLICATION OF
01:19 - 34.459 THE TAX BEFORE CONSTITUTIONAL
01:19 - 35.490 SAFEGUARDS ARE VIOLATED.
01:19 - 37.080 SO.
01:19 - 39.009 HERE YOU HAVE A TAXPAYER
01:19 - 40.719 ALLEGING THIS STATUES COST
01:19 - 42.799 UNCONSTITUTIONAL. AND I'M NOT
01:19 - 44.609 AWARE OF ANY CONSTITUTIONAL
01:19 - 45.919 CHALLENGE THE STATUTE IN
01:19 - 48.159 PENNSYLVANIA. THE BURDEN IS ON
01:19 - 49.160 THE STATE.
01:19 - 51.449 THE APPROVED THE BASE STATUTE
01:19 - 53.570 IS NOT UNCONSTITUTIONAL.
01:19 - 55.739 THAT SHIFT TO THROW THINGS ON
01:19 - 57.549 THEIR HEAD. I RESPECTFULLY
01:19 - 59.770 SUBMIT IT WAS THE TAX THERE'S
01:20 - 03.469 WHEN RAISING THE UNIFORM, THE
01:20 - 05.399 CLAIM. 2 PRESENT
01:20 - 08.179 SUFFICIENT EVIDENCE OF THAT
01:20 - 09.619 PLANE TO CARRY THEIR BURDEN
01:20 - 11.459 OF PROOF THAT'S YOUR EYE WHEN
01:20 - 13.019 YOU POSSIBLY HAVE A BRITISH
01:20 - 13.250 SHIP.
01:20 - 16.299 THE WEATHER CENTER. AGAIN
01:20 - 17.709 THEY'RE STEPPING BACK AND
01:20 - 18.790 LOOKING AT THE GAME.
01:20 - 22.539 AND WITH AQIM WHICH IS IT'S A
01:20 - 24.669 CRIME BASED ATTACK ON THIS THE
01:20 - 25.670 OCEAN.
01:20 - 27.509 THE SCHOOL DISTRICT UNDERTOOK
01:20 - 28.510 THIS PROCESS.
01:20 - 30.949 THEY FORGET ABOUT THE PROPERTIES
01:20 - 32.959 ARE REMOTE. THE DIRECTIONS THAT
01:20 - 34.649 I UNDERSTAND WEST REVIEW ALL
01:20 - 37.019 CLASSES OF PROPERTIES, INCLUDING
01:20 - 38.619 COMMERCIAL READ YOU GO TO AN
01:20 - 40.479 OTHERWISE FOR PURPOSES OF THE
01:20 - 41.360 DATA FIND
01:20 - 43.429 THE MOST AND RUSS A PROPERTY TO
01:20 - 44.900 GET BY THE CLASS OF THE FIELD
01:20 - 46.210 THAT CORRECT.
01:20 - 50.219 NOW IF THAT CREATED TO PASS THE
01:20 - 51.220 MOST ACCURATE.
01:20 - 54.640 SO MY HOUSE MAYBE AND ARE SET.
01:20 - 56.600 IT'S NOT THE MOST PART.
01:21 - 03.350 FORGET THE JUSTIFICATION.
01:21 - 08.029 IT'S GOING TO BE THERE HAS TO
01:21 - 10.269 BE SAID SOME CRITERIA AND YOU
01:21 - 11.950 COULD ARGUE ABOUT WHAT OR WHY
01:21 - 14.900 THEIR STANCE SET UP A LOT.
01:21 - 19.529 SO BY THE TAXPAYER OR MAY NOT
01:21 - 22.229 FALL INTO MOTION. I'M JUST
01:21 - 23.230 UNDER US OUT.
01:21 - 25.789 THAT'S IT SEEMS TO BE THAT WHEN
01:21 - 27.419 YOU'RE LOOKING AT HIM. THE
01:21 - 28.520 UNIFORMITY CLAUSE.
01:21 - 31.259 WHAT IT SAYS YOU HAVE TO TREAT
01:21 - 32.300 ALL TAXPAYERS
01:21 - 34.769 UNIFORM, THE TEARS, YOU'RE
01:21 - 36.170 TREATING DIFFERENT TAXPAYERS.
01:21 - 38.559 JUST EARLIER THE PENDING ON
01:21 - 40.209 WHETHER THEIR PROPERTY. THE
01:21 - 41.210 MOTION.
01:21 - 44.219 BUT IF THE IF IF THAT'S THE
01:21 - 46.239 LAW COMMONWEALTH AND COST
01:21 - 48.069 BENEFIT ANALYSIS IS NEVER GOING
01:21 - 50.149 TO KASEY KAHNE STUDIES ON THE
01:21 - 50.640 BENEFITS OF
01:21 - 52.189 THE HOUSES BECAUSE THEY'RE
01:21 - 53.299 SAYING LOOK WE DON'T WANT TO
01:21 - 54.250 YOU KNOW WE WANT TO MAKE THIS
01:21 - 55.250 COST EFFECTIVE.
01:21 - 57.249 I UNDERSTAND THAT THAT
01:21 - 59.459 CREATES. SO WE'RE NOT WE'RE NOT
01:21 - 59.670 GOING TO
01:21 - 01.549 DO IT. COUNTY EARLY SCHOOL
01:22 - 02.989 DISTRICT WIDE REASSESSMENT
01:22 - 03.990 GOING TO COST US A LOT.
01:22 - 05.549 THEY'RE PROBABLY NOT GOING TO
01:22 - 07.059 TARGET THE PROPERTY AND ARE SET
01:22 - 08.619 FOR 50,000 BECAUSE IT'S NOT
01:22 - 09.889 GOING TO BE HERE THAT YOU'RE
01:22 - 11.130 CREATING 2 CLASSES.
01:22 - 14.299 UNDER ASSESS WHAT DOES THAT
01:22 - 14.600 MEAN.
01:22 - 16.309 WELL I THINK WE HAVE TO READ
01:22 - 17.779 THAT WHOLE SENTENCE JUST A
01:22 - 19.549 SAILOR, IT'S THE MOST AND ARE
01:22 - 20.060 ASSESSED
01:22 - 22.399 AND THE FISSION TO JUSTIFY THE
01:22 - 24.119 COST AND EXPENSE OF TAKING SUCH
01:22 - 26.209 AN A P THAT'S WHY WOULD I WOULD
01:22 - 27.950 RATHER STICK. THANK YOU.
01:22 - 31.780 THE
01:22 - 34.379 THE BURDEN OF PROOF AND SOME
01:22 - 35.909 PLASTIC HAITIAN ARGUMENT, THE
01:22 - 38.169 ONLY OTHER THING IS ARGUMENT
01:22 - 39.160 THAT THIS IS AN
01:22 - 41.209 INTENTIONAL DISCRIMINATION AND
01:22 - 42.479 THERE'S THIS IS AKIN TO A
01:22 - 43.600 DISPARATE IMPACT CASE.
01:22 - 46.259 AND AND WE THINK THAT FAILS
01:22 - 47.989 BECAUSE WE DON'T HAVE 2 CLASSES
01:22 - 48.990 HERE.
01:22 - 52.019 THE SCHOOL DISTRICT IS NOT
01:22 - 53.449 SYSTEMATICALLY EXCLUDING
01:22 - 54.679 RESIDENTIAL PROPERTIES FOR
01:22 - 56.680 APPEAL. THAT'S JUST THEN HIM.
01:22 - 59.339 IT IS TAXPAYERS
01:22 - 01.759 BURDEN HERE AND WE DON'T KNOW
01:23 - 03.809 ON THIS RECORD THAT RESIDENTIAL
01:23 - 05.060 PROPERTIES WERE EXCLUDED.
01:23 - 07.439 AND THE REASON WE DON'T ON THIS
01:23 - 08.919 RECORD BECAUSE THE PACK THERE
01:23 - 09.949 DIDN'T BUILD A RECORD
01:23 - 11.159 SUFFICIENT ANSWER THAT
01:23 - 13.179 QUESTION. COUNCIL COUNCIL CAN I
01:23 - 13.910 STOP YOU THERE.
01:23 - 15.359 IF I'M NOT MISTAKEN THE
01:23 - 16.549 RECORD 36 AM
01:23 - 20.119 53 K. THE BASIS FOR THE LACK OF
01:23 - 22.349 THE RECORD IS YOUR. HI AND
01:23 - 23.690 REFUSAL TO AND FROM.
01:23 - 28.719 WHEN THEY ASKED ARE YOU
01:23 - 30.579 SCHEDULED OR WHY YOU TRUMP
01:23 - 32.579 OWNS PROPERTY. YOU REFUSE TO
01:23 - 34.060 ANSWER IN DISCOVERY.
01:23 - 36.389 AND NOW YOU KEEP USING YOUR
01:23 - 39.110 REFUSAL TO ANSWER. SO ATTACK
01:23 - 42.519 A BOMB COUNCIL'S POSITION WHICH
01:23 - 43.520 IS SUPPORTING
01:23 - 45.329 2 FORMER CHIEF JUSTICE SAILORS
01:23 - 46.809 ARGUMENT THAT YOU DEVELOP A
01:23 - 48.689 CLEAR IN YOUR OR YOUR JUMP THAT
01:23 - 49.690 WITHOUT TELLING US.
01:23 - 52.669 TRUMP TELL. WHAT WAS THE BASIS
01:23 - 53.700 FOR THIS ASSESSMENT.
01:23 - 57.069 JUST A STOCKY I BELIEVE
01:23 - 58.239 THERE'S I'M A POSSIBLE
01:23 - 59.879 MISUNDERSTANDING. I'M SCHOOL
01:23 - 01.119 DISTRICT IN RESPONDING IN
01:24 - 03.629 ROCKPORT IN REFUSE TO RESPOND
01:24 - 04.630 AND DISCOVERED.
01:24 - 06.859 THE THE ISSUE IS THAT NONE OF
01:24 - 08.440 THE DISCOVERY RESPONSES.
01:24 - 09.350 ALTHOUGH THEY WERE
01:24 - 11.369 POSSIBLY ADMISSIONS ARE MOST
01:24 - 12.569 THEY WERE ADMISSIONS BY SCHOOL
01:24 - 13.749 DISTRICT. WE'RE NEVER ENTERED
01:24 - 15.299 INTO EVIDENCE IN THIS CASE, I'M
01:24 - 16.659 NOT PART OF THE EFFORT THAT'S
01:24 - 18.489 THE PROBLEM. THE SCHOOL
01:24 - 19.709 DISTRICTS IN IRAQ, THE
01:24 - 21.259 TAXPAYERS IN IRAQ OF COURSE IN
01:24 - 22.729 SCHOOL DISTRICTS RESPONSES ARE
01:24 - 24.009 NOT PART OF THE RECORD BEFORE
01:24 - 25.760 THE SPORT. THAT'S WHY.
01:24 - 28.549 AND SO IT'S
01:24 - 29.729 NOT THAT WE DIDN'T ANSWER THAT
01:24 - 30.720 WILL BE ANSWERED FROM SCHOOL
01:24 - 32.579 DISTRICT IS BEING WEEK. WE
01:24 - 34.059 ANSWER THEM, THEY'RE NOT PART
01:24 - 36.029 OF THE RECORD THE SOLE RECORD
01:24 - 37.610 IN THIS CASE AND IT'S 3 E-MAILS
01:24 - 38.530 AND THAT'S
01:24 - 40.449 THE PROBLEM. THE COUNTY POLICE
01:24 - 41.909 AT THIS TIME HE LET ME FOLLOW
01:24 - 43.770 UP AND CARRIED ME THROUGH 5
01:24 - 46.939 THEY'RE COMING AT YOU AND THEY
01:24 - 49.619 SAY THAT THEY REGARDLESS SO I
01:24 - 51.459 THINK THINGS HAVE A LONGER
01:24 - 53.510 LASTING 9. YEAH.
01:24 - 58.120 WHAT IS IT IN YOUR VIEW THAT
01:24 - 00.989 THE CAST THERE HAD TO BE KEPT
01:25 - 03.590 ALIVE IN ORDER TO CHEF THE VERY
01:25 - 06.130 I'VE TO BE OKAY.
01:25 - 08.859 I MEAN THEY'RE THEY'RE DISHING
01:25 - 11.540 AS IN MY VERY THRESHOLD.
01:25 - 16.419 AND THE RESULTS WERE THAT THERE
01:25 - 18.579 ARE ONLY 12. IT HAS
01:25 - 20.689 SENT ME THOUGH AND THEY ALL FIT
01:25 - 21.490 WITHIN THAT ONE
01:25 - 24.209 VERY SPECIAL. WHAT WHAT HOW IS
01:25 - 25.919 IT THAT YOU WOULD HAVE HAD THE
01:25 - 26.630 PAST EAR
01:25 - 29.089 COME FORWARD. WE HAVE IN TERMS
01:25 - 30.909 OF THE GAME OR THE DAY SHIFT
01:25 - 32.520 THE BURDEN TO WHY YOU'RE FINE.
01:25 - 35.150 I THINK THEY WILL HAVE TO SHOW.
01:25 - 36.890 THAT THE SCHOOL DISTRICT.
01:25 - 39.389 PROGRAM APPEALING THE
01:25 - 41.259 ASSESSMENTS OF ONE SUB
01:25 - 43.010 CLASSIFICATION OF PROPERTIES,
01:25 - 44.920 IRAN ACCORDING PROPERTY RIGHT.
01:25 - 47.160 WHICH THEY DIDN'T DO.
01:25 - 50.259 THEY THEY GETTING BACK TO I
01:25 - 52.389 GUESS THE SAILORS DIED I
01:25 - 56.279 EARLIER QUESTIONING. I'M THE THE
01:25 - 58.689 CLASSIFICATION WAY PROPERTY
01:25 - 00.360 WITH A VALUE IN EXCESS OF
01:26 - 01.450 1 MILLION DOLLARS.
01:26 - 05.070 WHY WHY WHY ISN'T WHY IN BACK.
01:26 - 07.720 ESTABLISHED ON THIS GRAPHIC.
01:26 - 10.179 THAT FACT IS NOT ESTABLISHED
01:26 - 11.599 ON THIS RECORD BECAUSE IT'S
01:26 - 13.849 BASED ON A SINGLE SENTENCE FROM
01:26 - 16.619 MISTER LUKENS EMAIL IN EXHIBIT
01:26 - 17.620 HE TOO.
01:26 - 19.309 THAT DOES NOT
01:26 - 21.319 SAY WHAT THE TAXPAYERS
01:26 - 23.249 PURPORTING IT SAYS IT DOES NOT
01:26 - 25.740 SAY THAT THE BASIS UPON WHICH
01:26 - 29.150 MISTER LUKENS IT DETERMINED
01:26 - 31.489 WHAT PROPERTIES RECOMMEND FOR
01:26 - 33.959 APPEAL MIZE THEIR PROBABILITY
01:26 - 35.349 OF BEING UNDER SAYS 5 MILLION
01:26 - 36.350 DOLLARS.
01:26 - 38.699 AND SAY I WAS TAKEN IN
01:26 - 40.869 ISOLATION DOESN'T SHOW THAT AND
01:26 - 42.649 HOW ABOUT THAT SENTENCING
01:26 - 44.240 INJUNCTION WITH THE BAT.
01:26 - 46.479 THAT THE 12 APPEALS THAT WERE
01:26 - 49.220 TAKEN IN ALL PROPERTIES.
01:26 - 52.069 YEAH, THE VALUE IN EXCESS OF A
01:26 - 55.469 MILLION DOLLARS IN A BATHROOM
01:26 - 56.590 WHERE THEY NEED TO GO.
01:26 - 58.909 I DO NOT BELIEVE SO YOUR
01:26 - 00.839 HONOR THEY DO NOT AND THERE'S
01:27 - 02.550 NO MEN AND HOLDING UP TOGETHER.
01:27 - 03.710 THERE'S NO
01:27 - 05.799 EVIDENCE THAT THAT WAS THIS
01:27 - 08.799 METHODOLOGY THAT THIS THAT'S
01:27 - 09.800 ALL TO USE.
01:27 - 11.789 IT'S JUST AS POSSIBLE THAT HE'S
01:27 - 13.279 MAKING AN OBSERVATION.
01:27 - 14.280 FOLLOWING IS A LIST OF
01:27 - 16.019 PROPERTIES IF THEY HAVE A HIGH
01:27 - 18.129 PROBABILITY AT THE STANDARD
01:27 - 19.799 THAT HE USED WE DON'T KNOW WHEN
01:27 - 21.649 THE ONLY WAY WE COULD KNOW IT'S
01:27 - 23.880 HAD TACKS AIR CALLED WITNESSES.
01:27 - 27.350 THE EVIDENCE
01:27 - 29.969 COULD ESTABLISH THE TAXPAYERS
01:27 - 32.290 BURDEN HERE AND ON THIS RECORD
01:27 - 33.800 HAVE NO SUCH EVIDENCE.
01:27 - 36.449 MISTER WHEN THEY START TO
01:27 - 37.630 JUST THEY'RE NOT.
01:27 - 39.609 MAYBE I'M MISSING SOMETHING BUT
01:27 - 41.539 IT DOES SEEM TO ME TO FIND A
01:27 - 43.689 BATCH OF THE U IT'S THE STARTED
01:27 - 46.010 BY THE TRIAL COURT THAT RECORD
01:27 - 47.529 EXCITED IN
01:27 - 49.789 YOUR FAVOR THAT RECORD IN THE
01:27 - 51.349 SIDE AGAINST YOU
01:27 - 54.099 PROBABLY SAID. YES TO LOOKING
01:27 - 55.869 AT THIS EVIDENCE IN INTERESTING
01:27 - 58.559 TOO TO THE WITNESSES. I THINK
01:27 - 00.110 THAT THE SCHOOL DID IN FACT
01:28 - 03.040 WHAT IS THE GATES IN SUBTERFUGE
01:28 - 04.240 AND THERE WAS THE
01:28 - 08.890 PROPERTIES AND MILLION DOLLARS.
01:28 - 10.900 WITH THE VALUE OF A
01:28 - 12.929 MILLION DOLLARS THOUGH TO LOSE
01:28 - 13.420 THE CASE.
01:28 - 15.229 IT THINK SO BECAUSE THEN
01:28 - 17.330 YOU'RE SAYING IT JUST IS FAIR
01:28 - 19.279 IS THAT TRIAL COURT HAS
01:28 - 20.739 DETERMINED THE
01:28 - 22.559 SCHOOL DISTRICT. HAS
01:28 - 24.679 IMPLEMENTED A PROGRAM OF ONLY
01:28 - 26.669 APPEALING ASSESSMENT OF ONESELF
01:28 - 28.859 CLASSIFICATION OF PROPERTY AND
01:28 - 30.189 HERE YOU DON'T HAVE SUCH
01:28 - 32.239 A FINDING AND I DON'T THINK YOU
01:28 - 33.939 CAN GET TO THAT UNIFORMITY
01:28 - 34.979 INCLUSION THAT HAS BEEN A
01:28 - 36.079 VIOLATION OF THE UNIFORM
01:28 - 37.760 BECAUSE ON THIS RECORD.
01:28 - 40.110 ACTUALLY THEY'RE HERE.
01:28 - 43.929 THE RESPONSE THAT YOU JUST AS
01:28 - 44.930 THERE'S QUESTION.
01:28 - 58.280 BRING US ANY OF THESE
01:28 - 59.280 PROPERTIES.
01:29 - 04.149 AND IN HIS HEAD HE RESPONDED
01:29 - 05.750 WELL LIVED. I THOUGHT.
01:29 - 07.649 ATTORNEYS FOR THE WAY TO GO
01:29 - 08.650 HERE.
01:29 - 12.529 I WOULD HAVE AN ENORMOUS AND
01:29 - 14.229 PROBABLY INSURMOUNTABLE PROBLEM
01:29 - 16.359 JUST AS WELL. AND THANKFULLY, I
01:29 - 17.779 DON'T HAVE THAT PROBLEM BECAUSE
01:29 - 19.429 THIS RECORD DOESN'T SUPPORT AND
01:29 - 20.430 HAVING A PROP.
01:29 - 23.789 AND AND THEN TO CONCLUDE
01:29 - 25.009 JUSTICE WECHT THAT I'D LIKE TO
01:29 - 26.040 PULL YOUR QUESTION.
01:29 - 28.479 AND THAT WAS POSED TO THE OTHER
01:29 - 30.879 SIDE IN THIS CASE, THE TAXATION
01:29 - 32.709 PARENT, I'M THE BEST SERVED BY
01:29 - 34.290 THE ASSESSMENT APPEALS PROCESS
01:29 - 35.849 AND I WOULD SAY YES JUSTICE
01:29 - 38.419 WECHT INDIVIDUAL FEELS WHETHER
01:29 - 40.339 BY TAXING AUTHORITY FOR AN
01:29 - 41.760 INDIVIDUAL PROPERTY OWNER,
01:29 - 44.239 ALWAYS ENHANCED UNIFORMITY BY
01:29 - 44.830 LOWERING THE
01:29 - 46.939 COEFFICIENT DISPERSED IS THE
01:29 - 48.129 VARIANCE FROM THE COMMON
01:29 - 49.130 ASSESSMENT RATIO IN THE
01:29 - 51.269 DISTRICT. SO ALL ASSESSMENT
01:29 - 52.860 APPEALS ENHANCEMENT OF FOR ME
01:29 - 54.229 IT'S THE FAILURE
01:29 - 56.959 TO APPEAL THE PERFECT AWAITS 9
01:29 - 58.189 UNIFORMITY AND THAT'S WHAT THE
01:29 - 00.079 TAXPAYERS TRYING TO EFFECTUATE
01:30 - 02.149 HERE IS THEY WANT TO
01:30 - 03.110 KICK THIS THE
01:30 - 05.309 TAX ASSESSMENT FEEL HER BEST TO
01:30 - 07.409 MAKE NON UNIFORM BEING A TAXING
01:30 - 09.229 DISTRICT, NOTHING ON THIS
01:30 - 11.499 RECORD SHOWS THE RESIDENCES ARE
01:30 - 12.280 UNDER ASSESSED
01:30 - 13.719 IN CANADA. SO THE SCHOOL
01:30 - 15.099 DISTRICT FOR THE RESIDENTS WERE
01:30 - 16.720 CONSIDERED BY THE CONSULTANT
01:30 - 18.289 AND WE WOULD THE SCHOOL
01:30 - 19.459 DISTRICT WOULD RESPECTFULLY
01:30 - 21.499 REQUEST. THIS HONORABLE COURT
01:30 - 23.089 AFFIRMED THE ORDER OF THE
01:30 - 25.319 COMMONWEALTH COURT. THANK YOU
01:30 - 26.320 VERY MUCH FOR YOUR TIME.
01:30 - 31.009 THEY'VE BEEN WELL ARGUE AND
01:30 - 32.110 ANYTHING YOU'D LIKE TO ADD.
01:30 - 35.050 GOOD MORNING. PLEASE THE
01:30 - 37.619 BUT VERY ANTHONY BURKE ON
01:30 - 38.679 BEHALF OF THE CHESTER COUNTY
01:30 - 39.860 BOARD OF ASSESSMENT APPEALS.
01:30 - 41.709 I JUST WANTED TO MAKE 2 BREAK
01:30 - 43.529 POINTS. WHEEL ON THERE WERE
01:30 - 45.350 SOME QUESTIONS ON THE RECORD.
01:30 - 48.069 IN THIS MATTER. IT IS FAIRLY
01:30 - 51.389 UNUSUAL TO HAVE A. I MEAN THE
01:30 - 52.130 BOARD HEARS
01:30 - 53.939 HERE IS AN IS A PARTY TO ALL OF
01:30 - 55.189 THE UNIFORMITY CHALLENGES IN
01:30 - 57.589 CHESTER COUNTY. WE TYPICALLY
01:30 - 58.899 WILL SEE WITNESSES CALLED WE
01:30 - 00.200 SOMETIMES HAVE REQUESTS
01:31 - 01.829 THEY ARE TYPICALLY GRANTED FOR
01:31 - 03.480 A SEPARATE EVIDENTIARY HEARING
01:31 - 05.969 WHICH PRECEDED SPEED VALUATION
01:31 - 07.069 TRIAL ON A
01:31 - 09.129 SEPARATE DAY. WE'VE HAD EXPERTS
01:31 - 10.829 CALL THAT UNIFORM ON BEHALF OF
01:31 - 11.830 THE TAXPAYER.
01:31 - 14.009 6 OF THE TYPES OF QUESTIONS ON
01:31 - 15.050 THE RECORD THAT THE COURT.
01:31 - 18.120 ARE GOOD AND THEY USUALLY ARE.
01:31 - 22.739 AND THAT WASN'T DONE HERE FOR
01:31 - 23.620 THE REASONS THAT HAVE ALREADY
01:31 - 25.759 BEEN DISCUSSED. AND I DO THINK
01:31 - 27.299 IT'S THE TAXPAYERS BURDEN THAT
01:31 - 28.479 COULD BRING A FULL RECORD TO
01:31 - 29.480 THE COURT.
01:31 - 32.189 THE PRIMARY POINT OF BEING A
01:31 - 33.409 PARTY TO EACH ONE OF THE
01:31 - 36.519 UNIFORMITY CLAIMS IS SIMILAR TO
01:31 - 38.329 WHAT JUSTICE WECHT. A
01:31 - 40.099 QUESTION EARLIER WHICH IS RIGHT
01:31 - 41.839 NOW YOU YOU HAVE A A SORT OF A
01:31 - 43.849 BALANCE IN THE SYSTEM IN THAT
01:31 - 45.879 YOU HAVE TAXPAYERS WHO ARE WELL
01:31 - 47.059 EQUIPPED WHEN THEY BELIEVE THAT
01:31 - 48.219 THEY'RE PAYING TOO MUCH THAT
01:31 - 49.549 THERE WERE OVER ASSESSED THE
01:31 - 51.190 FILE CHALLENGES ON THEIR BEHALF
01:31 - 53.089 AND ON THE ON THE FLIP SIDE YET
01:31 - 54.090 SCHOOL DISTRICTS
01:31 - 55.649 BETTER ABLE TO IDENTIFY
01:31 - 57.249 PROPERTIES THAT ARE SEVERELY ON
01:31 - 58.969 ASSESSED AND BRING THEM BACK TO
01:31 - 01.189 MARKET VALUE. AND THE SYSTEM
01:32 - 02.829 GENERALLY WORK PRETTY WELL
01:32 - 03.830 RIGHT NOW.
01:32 - 06.219 YOU GET TO A CLOSER
01:32 - 08.269 MARKET VALUE. YOU GET A VALUE
01:32 - 09.489 THAT EQUATES TO WHAT THE
01:32 - 10.780 PROPERTY IS ACTUALLY WORK.
01:32 - 13.019 THE BOARD'S CONCERN IN
01:32 - 15.329 TERMS OF THIS ASSESSMENT SYSTEM
01:32 - 16.799 AS A WHOLE IS THAT THE RELIEF
01:32 - 18.040 THAT'S BEING REQUESTED.
01:32 - 20.119 I'M DOESN'T REALLY SET FORTH A
01:32 - 21.889 WORKABLE STANDARD. IF
01:32 - 23.249 A SCHOOL DISTRICT NOT ABLE
01:32 - 24.849 TO CONSIDER THE AMOUNT IN
01:32 - 26.249 CONTROVERSY IF THEY'RE NOT ABLE
01:32 - 27.680 TO CONSIDER THEIR OWN COSTS.
01:32 - 29.619 THEY'RE GOING TO BE EFFECTIVELY
01:32 - 30.939 SEVERELY CURTAILED ARE
01:32 - 32.700 PRECLUDED THE FILING
01:32 - 34.739 ASSESSMENT APPEALS. YOU KNOW
01:32 - 36.829 MOST ANY CASES, SOMEONE MADE
01:32 - 37.700 THE POINT EARLIER
01:32 - 38.869 THEY'RE GOING TO EFFECTIVELY
01:32 - 41.109 PUSHED IT TO PEELING ALL OR
01:32 - 42.879 NONE OF IT, NONE OF IT AND
01:32 - 44.039 THAT'S NOT GOING TO PROMOTE
01:32 - 46.119 UNIFORMITY THAT'S GOING DISRUPT
01:32 - 47.170 THAT ACTUALLY ISN'T
01:32 - 48.160 AND WE'RE GOING TO HAVE AN
01:32 - 49.399 ASSESSMENT SYSTEM WHERE IT'S
01:32 - 51.559 BASICALLY ONE SIDE WHERE ONE
01:32 - 53.399 SIDE OF THE EQUATION CAN FILE
01:32 - 54.409 AN APPEAL WHEN THEY THINK IT'S
01:32 - 55.040 TOO HIGH.
01:32 - 56.729 BUT THERE'S NO MECHANISM FOR
01:32 - 58.289 ANYONE TO CHALLENGE IT WHEN THE
01:32 - 00.919 ASSESSMENTS THAT'S NOT GOING TO
01:33 - 01.280 PROMOTE
01:33 - 03.139 UNIFORM MONEY THAT'S NOT GOING
01:33 - 04.859 TO HELP FAIRNESS IN THE COUNTY
01:33 - 05.730 ARE IN THE CALM WITH AS A
01:33 - 07.989 WHOLE. WE THINK THAT'S PROBABLY
01:33 - 08.990 WHY YOU SEE
01:33 - 10.639 SO MANY IN HIS CREASE FILED IN
01:33 - 11.929 THIS MATTER FROM PHILADELPHIA
01:33 - 13.019 SCHOOL DISTRICT TO THE
01:33 - 14.489 PITTSFORD SCHOOL DISTRICT IN
01:33 - 15.609 SMALLER SCHOOL DISTRICTS IN
01:33 - 17.519 BETWEEN THAT THERE IS A REAL
01:33 - 19.519 CONCERN, PARTICULARLY WITH HOW
01:33 - 21.369 SPARSE THIS RECORD IS THAT IF
01:33 - 22.709 THE COURT WERE TO GRANT ANY
01:33 - 24.010 RELIEF TO THE TAXPAYER.
01:33 - 25.899 IT WAS UNNECESSARILY UP AND THE
01:33 - 28.440 TAX SYSTEM AS A WHOLE AND
01:33 - 30.439 THE SYSTEM NO
01:33 - 32.709 LONGER WORKABLE SO WITH THAT WE
01:33 - 34.459 WOULD ASK THE COURT TO YOU FROM
01:33 - 35.220 THE COMMONWEALTH COURT'S
01:33 - 36.220 DECISION.
01:33 - 39.709 AND THE QUESTION THAT OFTEN THE
01:33 - 40.710 BEST.
01:33 - 43.359 THANK THANK YOU. MISTER BARR
01:33 - 44.679 AGAIN AS I SAID WELL WELL
01:33 - 47.109 ARGUED BY ALL. I WILL TAKE A
01:33 - 48.959 FIVE-MINUTE BREAK AGAIN AND
01:33 - 50.069 WILL BE OUR 3RD DAY IN THE
01:33 - 51.070 MORNING.
01:34 - 24.979 THE NEXT ARGUMENT
01:34 - 26.419 IS GREENWOOD GAMING AND
01:34 - 27.420 ENTERTAINMENT FORCES, THE
01:34 - 27.820 COMMONWEALTH
01:34 - 29.529 OF PENNSYLVANIA, PERFECTLY
01:34 - 31.059 CALM. ALL IS MISTER MICHAEL
01:34 - 32.869 STRAIN CHIEF REPRESENTING
01:34 - 34.809 GREENWOOD GAMING IS MISTER MARK
01:34 - 35.810 STUART.
01:34 - 43.019 THERE ARE SOME DIFFERENT
01:34 - 44.020 COUNTY COMMUNITY.
01:34 - 46.519 IN THIS CASE, THE CONGO A
01:34 - 48.640 CHALLENGE FOR SHORT ORDER.
01:34 - 51.819 I REGRET THAT THE PENNSYLVANIA
01:34 - 53.419 BOARD OF FINANCE REVENUES,
01:34 - 54.950 DENIAL OF A CASH REFUND.
01:34 - 57.099 IN GREENWOOD GAMING AND
01:34 - 59.559 ENTERTAINMENT INC THE LADY
01:34 - 00.699 GREENWOOD GAME
01:35 - 02.030 GAMING'S DISTRIBUTION.
01:35 - 03.749 HOT TO AN EVENT TICKETS.
01:35 - 04.620 THE PATRONS AT
01:35 - 06.939 PARX CASINO. THE QUESTION
01:35 - 08.679 PRESENTED IS WHETHER CONCERT
01:35 - 10.519 AND EVENT TICKETS. IT BY
01:35 - 13.269 CASINO PATRON. THE RESULT OF
01:35 - 15.370 PLAYING IN THE SLOT MACHINE.
01:35 - 18.009 IT BECAME THE COST OF SERVICES
01:35 - 19.219 FOR PURPOSES OF THIS SECTION,
01:35 - 21.699 11 '03 AND THE PENNSYLVANIA
01:35 - 22.300 RACE IS
01:35 - 24.619 DEVELOPING GAMING. THE TICKETS
01:35 - 26.249 ARE DEEMED TO BE SERVICES THAT
01:35 - 27.939 YOU KNOW CANNOT DEDUCT THE BANK
01:35 - 28.940 TO HER
01:35 - 30.639 FROM ITS GROSS TABLE GAME
01:35 - 32.529 REVENUE GROWTH TERMINAL REVENUE
01:35 - 34.099 FOR PURPOSES OF CALCULATING
01:35 - 35.219 RELATING RELATED
01:35 - 37.479 AT VERTICALLY. IF THEY'RE NOT
01:35 - 38.699 THEY'RE THIS CRISPY IT SAYS
01:35 - 41.569 INCURRED IN THE FLYING THESE
01:35 - 43.819 THESE TICKETS ARE NOT ABLE BY
01:35 - 46.360 THE CASINO. MOVE IN
01:35 - 48.509 WATCHING THE DIFFERENCE THAT
01:35 - 49.510 CORRECTLY.
01:35 - 53.299 THE RNC I APOLOGIZE, THANK YOU
01:35 - 54.350 FEEL FREE PLEASE.
01:35 - 56.180 THANK YOU MISTER CHIEF
01:35 - 57.409 JUSTICE AND MAY IT PLEASE THE
01:35 - 58.689 COURT MICHAEL SCREEN SEE THE
01:35 - 00.039 PENNSYLVANIA OFFICE OF ATTORNEY
01:36 - 01.179 GENERAL ON BEHALF OF THE
01:36 - 02.869 COMMONWEALTH. THE COMMONWEALTH
01:36 - 04.109 COURT ERRED WHEN IT CONCLUDED
01:36 - 05.779 THAT A CASINO NOT DISTRIBUTING
01:36 - 06.530 SERVICES TO
01:36 - 08.339 ITS PATIENTS. THEY GAVE HIM
01:36 - 09.539 FREE ADMISSION TICKETS TO SEE
01:36 - 11.729 KUZ AND SHOW WHO PERFORMS LIKE
01:36 - 13.240 SHARE AND J C.
01:36 - 15.649 GLADYS EVERYTHING TO THINK THAT
01:36 - 16.799 WE CONCEDED THAT ADMISSION
01:36 - 18.290 TICKETS ARE PERSONAL PROPERTY.
01:36 - 19.899 BUT OUR POSITION HAS BEEN
01:36 - 21.909 CONSISTENT. THEY ARE DUE TO THE
01:36 - 23.559 COMMONWEALTH COURT THAT SHOULD
01:36 - 25.079 HAVE FROM THE BOARD OF FINANCE
01:36 - 26.419 AND REVENUE CONCLUSION THAT IT
01:36 - 28.829 IS QUOTE THE NATURE OF ITEMS OR
01:36 - 30.899 SERVICES INVOLVED THE GERMAN
01:36 - 32.189 FOR THE COST OF THE TICKET AS
01:36 - 34.209 THE DOCTOR. AND WE CONSISTENTLY
01:36 - 34.980 MAINTAIN THAT THERE'S A
01:36 - 35.980 DISTINCTION BETWEEN THE
01:36 - 37.739 TICKETS THEMSELVES AND WHAT
01:36 - 39.929 THEY CONVEY REPRESENT. THAT'S
01:36 - 41.149 THE SAME ARGUMENT WE'RE MAKING
01:36 - 41.880 HERE YOUR HONOR
01:36 - 43.679 AND CERTAINLY MY AREAS NOT
01:36 - 45.269 ARGUING WAIVER A LOT OF THE
01:36 - 47.259 CASE THAT EVEN IF THE COURT
01:36 - 48.230 CONCLUDES THAT ADMISSION
01:36 - 49.850 TICKETS ARE PERSONAL PROPERTY.
01:36 - 50.570 THAT IS
01:36 - 52.839 NOT DISPOSITIVE THE COURT STILL
01:36 - 53.919 HAS TO ANSWER WHETHER IT'S
01:36 - 54.460 SERVICE IS
01:36 - 56.899 BEING MADE AN EXAMINATION OF
01:36 - 58.229 SECTION 11 '03 BEARS
01:36 - 01.229 THIS OUT SECTION 11 '03 ALLOWS
01:37 - 02.629 FOR A REDUCTION OF QUOTE ANY
01:37 - 05.049 PERSONAL PROPERTY THEN MODIFY
01:37 - 06.509 THAT BY EXCLUDING FROM THE
01:37 - 07.589 DEDUCTION FOOD AND
01:37 - 10.159 REFRESHMENTS. FOR EXAMPLE, THE
01:37 - 11.150 COFFEE BEANS, AND CERTAINLY
01:37 - 12.959 PERSONAL PROPERTY. THEY'RE EVEN
01:37 - 13.400 TRADED AS
01:37 - 15.519 A COMMODITY. THE CASINO STARTED
01:37 - 17.029 HANDING OUT BAGS OF STARBUCKS
01:37 - 18.089 COFFEE BEANS THAT WOULD
01:37 - 20.229 BE EXCLUDED. THE BEANS ARE BOTH
01:37 - 22.739 PERSONAL PROPERTY EVEN IF
01:37 - 24.389 AN ADMISSION TICKET IS IN
01:37 - 24.950 TANGIBLE
01:37 - 26.719 PERSONAL PROPERTY, THOUGH FOR
01:37 - 28.029 REASONS I'LL EXPLAIN LATER, WE
01:37 - 30.009 BELIEVE IT OR NOT IT CONVEYS
01:37 - 31.529 A SERVICE AND SO MUST BE
01:37 - 32.749 EXCLUDED FROM THE PERSONAL
01:37 - 33.750 PROPERTY.
01:37 - 35.619 NOW THERE ARE SEVERAL REASONS
01:37 - 36.799 WHY ADMISSION TICKETS
01:37 - 37.880 CONSTITUTES SERVICES.
01:37 - 40.879 ALTHOUGH BEGINNING AT NOTHING
01:37 - 42.990 TO FIND SERVICES THAT TURN IS
01:37 - 45.109 AN AMBIGUOUS THE COURTS AROUND
01:37 - 46.599 THE COUNTRY, INCLUDING SEVERAL
01:37 - 48.799 STATE COURT OF LAST RESORT OF
01:37 - 49.909 ALL THE FOOD THAT WHEN IT
01:37 - 50.930 MISSION TAKE IT IS
01:37 - 52.929 SEOUL. WHETHER IT BE TO A
01:37 - 54.710 BASEBALL GAME USING CAR.
01:37 - 57.329 FOR A BOAT RIDE OUT THE TRAFFIC
01:37 - 58.790 IS BEING SOLD WITH THE SERVICE.
01:38 - 01.839 ADMISSION TICKETS ARE SOME OF
01:38 - 03.639 THE MOST COMMON PROBLEMS THAT
01:38 - 05.300 CASINO TRIBUTE TO HIS PATIENTS.
01:38 - 07.060 NEARLY ALL OF THESE AT A
01:38 - 08.709 JURISDICTION CASES CITED, I
01:38 - 11.060 MEAN GREET PREDATE THE GAMING.
01:38 - 13.819 I JUST THINK THEY'RE COUNCIL I
01:38 - 14.820 THINK WE GAVE YOU 2
01:38 - 17.190 IN THAT.
01:38 - 21.270 YOU'RE TALKING COPS.
01:38 - 24.309 LEGISLATURE KNEW HOW TO ADDRESS
01:38 - 26.320 THAT DIDN'T THEY FELL SQUARE.
01:38 - 29.570 THEY INCLUDED ENTERTAINMENT.
01:38 - 32.969 THEY THEY EXPRESS LEE WHO DID
01:38 - 34.650 QUOTE ENTERTAINMENT UNQUOTE.
01:38 - 36.130 HERE.
01:38 - 38.920 THEY EXPRESSLY DID NOT.
01:38 - 41.669 INCLUDE THE ENTERTAINMENT
01:38 - 43.820 BODY STATE IS AND A FINE.
01:38 - 48.819 WHY ISN'T IT JUST
01:38 - 51.200 AS PLAUSIBLE AND IN THE
01:38 - 54.159 THE STREET OF COURSE, I'M IN
01:38 - 56.129 FAVOR THE TAXPAYER. WHY IS IT
01:38 - 57.450 JUSTICE POSSIBLE.
01:38 - 59.999 ITS SERVICES INCLUDE
01:39 - 01.489 ENTERTAINMENT BECAUSE THAT'S TO
01:39 - 02.490 FIND ELSEWHERE.
01:39 - 05.919 THEY BE THERE AT THE SPA
01:39 - 08.019 SERVICES FOR EXAMPLE, WHICH A
01:39 - 09.310 LOT OF THESE PLACES.
01:39 - 13.180 MAYBE THAT MAYBE THERE.
01:39 - 15.330 YOU KNOW, MAYBE THEY'RE
01:39 - 16.809 THINKING ABOUT ALL I DON'T
01:39 - 17.810 KNOW, BUT.
01:39 - 20.100 BUT ISN'T IT JUST
01:39 - 22.379 AS REASONABLE. THIS REVISED IT
01:39 - 24.109 SAYS THAT GETTING TO THEIR TEAM
01:39 - 26.360 HERE INCLUDED ELSEWHERE.
01:39 - 30.999 IT'S FOR JUSTIN TIMBERLAKE OR
01:39 - 32.000 WHATEVER.
01:39 - 34.129 WELL AS YOU ALLUDED TO I THINK
01:39 - 35.880 SERVICE IS BROADER THAN THAT.
01:39 - 37.529 IN A STATEMENT AND I THINK
01:39 - 38.530 THEY HAD IN MIND.
01:39 - 40.209 SOME OF THE MANY DIFFERENT
01:39 - 41.529 KINDS OF SERVICES THAT A CASINO
01:39 - 42.999 MAY OFFER LIKE SPA SERVICES
01:39 - 44.920 HAIR CUTS, THEY ALSO LAWN.
01:39 - 47.389 I KNOW SOME CASINOS WHICH I'LL
01:39 - 49.329 CANCERS. THEY THINK THEIR
01:39 - 51.239 INTENT. IT WAS TO USE SOMETHING
01:39 - 52.949 BROUGHT EXTRA A LOT OF THE
01:39 - 54.899 THINGS THAT THE IT'S
01:39 - 56.990 THE WAY A REGULAR BASIS.
01:40 - 03.540 IT MAY GET IT DONE YOU 5. THE
01:40 - 07.279 IN DEFINITIONS SECTION OF
01:40 - 09.429 THE ACT ALL THOSE FINE
01:40 - 12.719 COMPLEMENTARY SERVICE. WHEN YOU
01:40 - 16.569 AND YOUR I THINK AGREE
01:40 - 18.689 THAT WAY THE LEGISLATURE WHEN
01:40 - 20.849 THEY DID AND THE CAPTURING THIS
01:40 - 22.120 6 SCHOOLS IN PLACE.
01:40 - 24.149 SERVICE DAYS. THEY'RE THE
01:40 - 26.379 THINGS THAT ARE CALM. WORK ON
01:40 - 28.270 SATURDAY GIVING BY THE CASINO.
01:40 - 31.849 IS THE GREEN MAN THAT WAY I'D
01:40 - 34.259 BE IN CANCUN WAY THE LATEST TO
01:40 - 34.400 IT.
01:40 - 38.979 FOOD. AND 3 SURVEY IS THAT IS
01:40 - 40.070 DEFINED IN THE AREA.
01:40 - 43.439 ID BE ACTIVE GOING
01:40 - 45.509 COMPLEMENTARY SERVICE SAYS ANY
01:40 - 47.619 WHY HE STARTED THIS OR I NEED
01:40 - 48.620 THEM.
01:40 - 50.749 IT PROVIDED
01:40 - 52.849 TO INVADE ALL AT NO COST FOR
01:40 - 56.289 EVERY 5. WE GENERALLY WE COULD
01:40 - 58.089 NOT GENERALLY AVAILABLE TO THE
01:40 - 00.029 PUBLIC AND DECEMBER 30TH GAME
01:41 - 01.030 IS.
01:41 - 03.489 I DON'T THINK WE READ THE
01:41 - 04.779 DEFINITION OF COMPLEMENTARY
01:41 - 05.780 SERVICE.
01:41 - 08.160 IS THAT WHAT YOU MEAN BY
01:41 - 10.540 TRYING TO GET YEAH, I MEAN I
01:41 - 16.289 AND I COULD BE DISCOUNTED OR
01:41 - 18.500 FREE. I DON'T I I THINK IT'S
01:41 - 20.299 YOU KNOW ONE. I DON'T KNOW WHY
01:41 - 21.660 ENTIRELY IN QUESTION.
01:41 - 24.170 IT WAS IN THE CAR.
01:41 - 27.369 IT IS CLEAR IS THERE IS AN
01:41 - 29.240 UNDERSTANDING AS TO WHY.
01:41 - 33.069 I'VE BECAUSE THEY'RE HERE TO BE
01:41 - 36.099 AN BETWEEN I THE
01:41 - 37.880 PARTY HERE THAT WOULD
01:41 - 44.889 I IN FACT IN A SECOND THAT
01:41 - 46.440 WE'RE TALKING ABOUT ARE
01:41 - 48.959 KHAN THAT ARE HANDED OUT BY
01:41 - 49.960 CASINO.
01:41 - 53.539 CORRECT I THINK THAT YET SAID
01:41 - 54.989 ANYTHING THAT THE CEO AND OUT
01:41 - 55.990 AS PART OF.
01:41 - 58.640 TABLE GAME OR A
01:41 - 00.459 SLUSHY MESS THAT WOULD BE A COP
01:42 - 01.779 SOMETHING THAT EITHER FREE OR
01:42 - 02.250 DISCOUNTED.
01:42 - 04.580 THAT DOESN'T GET US TO A FACT
01:42 - 07.339 COOL A FACTUAL QUESTION HERE
01:42 - 08.930 THAT I'M JUST NOT SURE IS
01:42 - 15.719 THE LEGISLATURE WAYS YOU CAN
01:42 - 17.780 THINK TO IN COMBAT
01:42 - 19.509 IN THIS EXCLUSION WE'RE
01:42 - 22.139 COMPLEMENTARY SERVICES AND THAT
01:42 - 23.670 IS DEFINED IN THE GAP.
01:42 - 26.209 WHAT DO WE HAVE ON THE RECORD
01:42 - 30.369 TO ESTABLISH WHAT. OUR INDEED
01:42 - 31.370 GREAT.
01:42 - 36.209 THE FACT THAT THE FAMILIES OF
01:42 - 37.320 THE BETTER ADD TO IT
01:42 - 38.729 THAT INCLUDED A LOT OF
01:42 - 40.309 DIFFERENT THINGS ALL THE THINGS
01:42 - 41.899 THAT WERE COVERED THAT COME UP
01:42 - 43.509 TO CHALLENGE AND THINGS THAT WE
01:42 - 44.549 DID I THINK THEY RECEIVED
01:42 - 45.200 ALMOST A MILLION
01:42 - 47.429 DOLLAR PRODUCTION. FOR A LOT OF
01:42 - 48.839 DIFFERENT THINGS LIKE THAT AND
01:42 - 49.970 BAGS AND IPADS.
01:42 - 52.029 AND I DON'T THINK THERE'S ANY
01:42 - 53.139 DISPUTE AS TO WHETHER THESE
01:42 - 54.220 WERE BUT I'VE GIVEN
01:42 - 57.689 AND TO BE GIVEN OUT IS EITHER
01:42 - 58.720 FREE OR DISCOUNTED.
01:42 - 01.269 AND AGAIN IT INCLUDES A WIDE
01:43 - 02.970 RANGE OF THINGS AND THE.
01:43 - 04.809 THAT'S WHERE AND STRUGGLING
01:43 - 05.909 WITH THIS AND I HAVE TO TELL
01:43 - 07.610 YOU THAT THIS CASE HAS TO STOP.
01:43 - 12.469 WHAT YOU'RE SAYING IS THE
01:43 - 13.910 COMMONWEALTH DECIDE WHAT
01:43 - 19.679 I LOVE IT AND ME WHAT IT CAN BE
01:43 - 20.980 A IS A.
01:43 - 24.519 BACK WE'LL ISSUE THAT'S GIVING
01:43 - 26.580 DEFINITION IN THE INDUSTRY.
01:43 - 30.649 I HAVE A HARD TIME ACCEPTING
01:43 - 33.389 THE PROPOSITION THAT I TAKE IT
01:43 - 34.969 TO A CRIME THERE MAY BE OR MAY
01:43 - 37.049 NOT BE A CONFLICT. I DON'T KNOW
01:43 - 39.459 THAT ANY COMPLEMENTARY SERVICES
01:43 - 40.770 ANYONE I THINK 3RD BASE.
01:43 - 45.059 IT IS PROVIDING IN FAYETTEVILLE
01:43 - 46.060 AT NO COST.
01:43 - 48.479 HAD WE NOT HAD GROWN INTO THIS
01:43 - 49.639 MESS. IF YOU
01:43 - 52.389 LAY SHUN BETWEEN THE PARTIES AT
01:43 - 53.789 WHAT WE'VE BEEN HANDED TO BE
01:43 - 54.870 CAPTURED HERE.
01:43 - 57.190 I WOULDN'T BE
01:43 - 58.999 GOING DOWN THE LINE OF
01:43 - 00.299 QUESTIONING BUT THERE IS
01:44 - 01.989 APPARENTLY SOME AGREEMENT THAT
01:44 - 02.990 FAST.
01:44 - 04.869 I'VE THE LEGISLATURE WITH THE
01:44 - 07.020 CAMPAIGN PUBLISHED HERE AND.
01:44 - 09.569 I WAS SAYING IT'S A CAR DOESN'T
01:44 - 10.550 MAKE IT COMPARABLE
01:44 - 13.589 OR DIE. I SEE THOSE A LOT OF
01:44 - 14.290 FUN TO MAKE IT
01:44 - 17.049 9 O'CLOCK. I'M REALLY
01:44 - 18.219 STRUGGLING WITH THEIR
01:44 - 19.939 GRANDMOTHER THAT WE'RE DEALING
01:44 - 20.940 WITH HERE.
01:44 - 24.509 WELL I THINK IT GOES BACK TO
01:44 - 26.269 THE COMMONLY UNDERSTOOD MEANING
01:44 - 27.270 OF THE TERM.
01:44 - 29.979 IN THE SAME SERVICES, IT'S
01:44 - 31.519 SOMETHING THAT GIVEN AWAY FOR
01:44 - 34.129 FREE OR DISCOUNTED TO TO THE TO
01:44 - 34.760 THE NATION
01:44 - 37.319 AND I THE CASINOS HAVE A LOT OF
01:44 - 39.039 LEEWAY LEEWAY IN TERMS OF
01:44 - 42.059 CREATIVITY BE. WHAT GREAT WHAT
01:44 - 43.390 CAN BE ADOPTED OR NOT.
01:44 - 50.389 I THINK THE REGULARLY IT DIED
01:44 - 51.610 IN THE SUNGLASSES.
01:44 - 54.540 WELL I PUT THE PROPERTY.
01:44 - 56.749 IT COULD BE IT COULD BE
01:44 - 59.049 A CALM. THE DATA BACK THAT'S
01:44 - 00.880 THE PROBLEM I HAVE YOU HERE
01:45 - 03.209 WITH THAT THE MANNER IN WHICH
01:45 - 05.000 THIS ISSUE HAS BEEN GREAT.
01:45 - 11.419 TOO HOT BECAUSE THEY DIDN'T
01:45 - 13.189 WANT THE CASH THERE'S IN
01:45 - 14.989 THE COMMONWEALTH. THE BEAR THE
01:45 - 18.109 BURDEN OF THE CONS. HOW
01:45 - 20.620 WE SIGH WHY THAT.
01:45 - 24.309 ME IN THE INDUSTRY IN
01:45 - 27.449 PENNSYLVANIA. AND
01:45 - 30.249 I KNOW AND 3RD BASE, I MEAN
01:45 - 31.250 ANYTHING.
01:45 - 34.030 I SERVICE COULD BE MANY THINGS I
01:45 - 37.719 IF YOU WANT IF YOU IF YOU
01:45 - 38.880 WANT TO COMPARE AND CONTRAST.
01:45 - 41.069 THE WHAT SERVICE WHAT PERSONAL
01:45 - 42.359 PROPERTY. I THINK SOME OF THEM
01:45 - 44.689 PULLS. CAN CAN SHOWCASE THE
01:45 - 45.690 DIFFERENCE.
01:45 - 47.819 IT THE DIFFERENCE BETWEEN AN
01:45 - 49.659 ANIMAL BETWEEN PERSONAL
01:45 - 51.179 PROPERTY AND SERVICES HUMAN
01:45 - 52.799 LABOR. EFFORT
01:45 - 54.190 OR SKILL. IF YOU THINK OF
01:45 - 55.869 THANKS TO DEFEAT A STOCK
01:45 - 57.210 CERTIFICATE WHICH INVOLVED.
01:45 - 00.539 THE VALUE OF ALL THE TANGIBLES
01:46 - 01.870 AND INTANGIBLES OF THE COMPANY
01:46 - 05.579 OR THINK A BANK ACCOUNT THAT'S
01:46 - 07.379 THE PROMISE TO REPAY INSURANCE
01:46 - 09.709 POLICY WHICH IS THAT A PROMISE
01:46 - 10.590 TO PAY MONEY UPON THE
01:46 - 11.799 OCCURRENCE OF THE SPECIFIED
01:46 - 13.599 THAT NONE OF THOSE INVOLVED IN
01:46 - 14.600 THE LABOR WHERE.
01:46 - 16.489 IF YOU'RE TALKING ABOUT A NAIL
01:46 - 18.149 SALON OR IN STYLE A
01:46 - 20.320 SPA SERVICES OR WEREN'T ABLE
01:46 - 24.160 IN THE LABOR SKILL OR DIE.
01:46 - 26.870 IT'S A QUESTION OF THE COUNCIL.
01:46 - 30.339 YOU GIVE ME A TICKET. SO THAT
01:46 - 32.869 EVERY LIKE CONCERT. PUTTING
01:46 - 34.599 ASIDE, I WOULD THAT'S GREAT
01:46 - 35.960 VALUE THAT PERSONALLY.
01:46 - 43.920 AND WHY CAN'T
01:46 - 45.429 I JUST YOU THERE'S NO NOT
01:46 - 46.809 TRANSFER ABILITY PROVISION
01:46 - 48.530 HERE. WHY IS THAT.
01:46 - 55.319 I THINK IT GOES BACK TO THE
01:46 - 57.249 OVERARCHING APPROACH IN FACT
01:46 - 58.599 STAGES WHICH IS TO DEAL WITH
01:46 - 01.359 REALITY. BUT WITH PEOPLE ASKING
01:47 - 03.480 US TO JUST REWRITE THE STATUE
01:47 - 05.779 TO CONFORM WITH OUR NOTION OF
01:47 - 07.290 QUOTE, A REALITY.
01:47 - 15.480 AND
01:47 - 17.599 HAVING TO IT'S TRUE WHAT THAT
01:47 - 18.800 MEANS BAD THEY'VE BEEN SORT OF
01:47 - 20.140 DOING THE RIGHT THING.
01:47 - 28.619 IT WOULD IT WOULD BE WHAT WE
01:47 - 30.339 GENERALLY YOU FOR I MEAN MOST
01:47 - 31.769 PEOPLE DON'T TAKE IT TAKE IT
01:47 - 33.519 AND GIVE IT AWAY OR PUT IT
01:47 - 35.959 UNDER GLASS IN MY AREA SAID THE
01:47 - 37.709 VALUE IS ACTUALLY GOING TO SEE
01:47 - 38.710 IT.
01:47 - 40.589 THAT'S ENOUGH AND GIRLS
01:47 - 41.590 TOGETHER.
01:47 - 44.530 I MEAN THE FACT THAT IS
01:47 - 46.080 TRANSFERABLE I THINK IT'S NOT
01:47 - 48.909 I UNDERSTAND IT'S TRANSFERABLE
01:47 - 50.909 AND THAT A PERSON COULD USE IT
01:47 - 51.910 TO GAIN CASH.
01:47 - 54.499 I THINK WHAT WE'RE LOOKING AT
01:47 - 56.519 THE OVERARCHING HOUSE INTENDED
01:47 - 58.419 TO BE USED WHICH IS TO REWARD
01:47 - 59.599 THE PERSON WHO RECEIVED THE
01:47 - 00.600 TICKET.
01:48 - 11.629 THIS IS THERE ANY DIFFERENCE
01:48 - 12.760 BETWEEN THE
01:48 - 16.569 PUTTING ON A CONCERT
01:48 - 19.239 PERFORMANCE OF ITS OWN INSIDE
01:48 - 21.639 THE CASINO AND TELLING EVERYONE
01:48 - 23.889 IN ATTENDANCE. THE CASINOS ARE
01:48 - 25.840 WELCOME TO ATTEND THE CONCERT
01:48 - 28.619 AND BUT WE'RE TALKING ABOUT
01:48 - 31.479 HERE OFF PROMISES. CONCERTS AT
01:48 - 32.480 SOME ARENA
01:48 - 34.459 WHERE THE CASINOS GIVING OUT
01:48 - 35.949 TICKETS IS THERE ANY DIFFERENCE
01:48 - 37.830 IN THOSE 2 THINGS TO TERMS OF
01:48 - 39.140 SERVICES.
01:48 - 40.819 I DON'T THINK THE STATUTE
01:48 - 42.399 MAKES THAT DISTINCTION BETWEEN
01:48 - 43.690 BEING THE SERVICE PROVIDER
01:48 - 45.250 SOMEONE ELSE TO PROVIDE IT.
01:48 - 46.849 I KNOW THE COMMONWEALTH COURT
01:48 - 48.149 MAJORITY MADE THAT DISTINCTION
01:48 - 49.100 BUT AGAIN NOTHING
01:48 - 50.399 THERE'S NO DISTINCTION IN
01:48 - 51.729 STATUTE IN AND I THINK THAT
01:48 - 52.730 WOULD BE A WAY FOR.
01:48 - 55.990 THE CASINO TO AVOID FACTOR
01:48 - 57.770 IN FACT BY
01:48 - 01.229 HIRING A 3RD PARTY TO DO IT FOR
01:49 - 02.629 HAVING YOU KNOW HAVING THEY CAN
01:49 - 05.149 PUT A A DAUGHTER IN. YOU
01:49 - 06.809 KNOW AND AS LONG AS THAT PERSON
01:49 - 08.669 THE INDEPENDENT CONTRACTOR THAT
01:49 - 10.100 WOULD ALLOW THEM TO AVOID HER.
01:49 - 11.469 THE WAY THE TAX AND I DON'T
01:49 - 13.359 THINK THAT'S WHAT THE GENERAL
01:49 - 14.390 ASSEMBLY HAD IN MIND.
01:49 - 17.450 THEN THEY CREATED THIS CELL.
01:49 - 19.390 THE SPECIAL PROPERTY BUT THE
01:49 - 27.850 AND THIS IS JUST VERY BIG.
01:49 - 30.350 IT JUST ISN'T
01:49 - 32.729 THE SIDE. I THOUGHT IF THE BANK
01:49 - 34.899 RESCUE IN WHAT TYPE OF PROPERTY
01:49 - 35.530 THAT WAS
01:49 - 37.709 IT IS PRETTY USELESS
01:49 - 40.409 RESPECTFULLY TO BE IN THIS
01:49 - 41.500 POSITION OF THE CASE
01:49 - 43.479 THERE'S 3 KINDS OF PROPERTY IN
01:49 - 44.579 THE WORLD AND THAT'S ALL THERE
01:49 - 46.619 ARE REAL PROPERTY AND THE FIRST
01:49 - 49.159 BUILDING IN AND. THERE'S NO
01:49 - 51.639 QUESTION THESE THESE TEA PARTY
01:49 - 53.069 TICKETS ARE IN TANGIBLE
01:49 - 54.070 PERSONAL AIDE.
01:49 - 57.450 IT'S JUST AS A $1000 BILL.
01:50 - 02.059 BUT I DON'T THINK THAT HELPS US
01:50 - 02.610 TO ANSWER
01:50 - 04.539 THE QUESTION. THAT'S THE THING
01:50 - 06.219 IS YOU CAN SHOVEL SERVICES THE
01:50 - 07.480 QUESTION HERE IS WHETHER
01:50 - 09.130 THEY'RE NOT SERVICES.
01:50 - 14.899 THAT'S THE STORY WITH US I GET
01:50 - 15.900 THAT OFF MY CHEST,
01:50 - 20.089 IT SEEMS TO ME ARE YOU FAMILIAR
01:50 - 21.590 WITH THE THE
01:50 - 26.149 PRECEPT OF HIS INJURED NECK IN
01:50 - 27.150 THERE.
01:50 - 29.719 THERE YOU HAVE THERE A RISK TO
01:50 - 31.659 THE SPECIFICS TODAY GENERAL THE
01:50 - 33.440 GENERAL FOLLOWS THE REP.
01:50 - 34.790 YES, I'M AWARE.
01:50 - 37.669 THE LEGISLATURE. IT BEGAN
01:50 - 39.170 THAT'S BEEN AROUND 4,000 NEW.
01:50 - 40.750 THE LEGISLATURE.
01:50 - 44.119 TRAVEL EXPENSES FOR THE
01:50 - 46.340 FRESHMAN 5.33 AND THE LIKE.
01:50 - 50.860 AND THEY DIDN'T
01:50 - 53.329 DO THAT. SO YOU WANT TO KNOW IS
01:50 - 55.540 DOES IT WORK IS 12 FOR
01:50 - 57.549 FOR YEARS. AND THEY LEAVE
01:50 - 59.629 US WITH THE INTERPRETER
01:50 - 01.449 OBLIGATION TO TRY TO FIGURE OUT
01:51 - 01.640 WHICH
01:51 - 03.929 SERVICES ARE THAT'S JUST THE
01:51 - 06.390 THOUGHT OF YOU SAID THE CONCEPT
01:51 - 08.039 IF YOU AGREE WITH THAT OR
01:51 - 09.040 DISAGREE.
01:51 - 12.770 I THINK THE QUESTION WAS WHAT.
01:51 - 14.179 WHAT THE SERVICE AND WHAT ARE
01:51 - 15.469 THE QUALITIES OF SERVICES AND
01:51 - 16.890 NOT WHETHER THEY'RE THERE COPS,
01:51 - 18.179 THEY DON'T THINK THERE'S ANY
01:51 - 20.019 DISAGREEMENT AMONG THE PARTIES
01:51 - 21.330 THAT THESE WERE KEY COM.
01:51 - 25.509 THE AND ONLY THROUGH THE VISA
01:51 - 26.639 CAPS THERE'S NO DOUBT
01:51 - 28.279 ABOUT IT. BUT THAT DOESN'T
01:51 - 30.309 NECESSARILY ANSWERED DISPATCH
01:51 - 32.040 FREE EXPRESSION FROM ANDRO
01:51 - 34.559 THEY SING WHICH IS ARE THEY
01:51 - 35.560 SERVICE.
01:51 - 41.710 IF WE CAN PROVE IT.
01:51 - 44.569 IN A MOMENT THAT WE CONSTRUE
01:51 - 47.069 SERVICES AS YOU LIKE. DOESN'T
01:51 - 48.430 THE ON THE ROAD TO COME.
01:51 - 51.869 UNBELIEVABLY WHY THERE'S THIS
01:51 - 52.870 IS EVERYTHING.
01:51 - 56.759 AGAIN I THINK HE WOULD FOLLOW
01:51 - 58.500 THAT FINALLY UNDERSTOOD EVENING.
01:51 - 01.159 BASED ON THE 6 CASES WE CITED
01:52 - 01.450 THAT ALL
01:52 - 03.119 REFERRED TO A MISSION TO GET
01:52 - 05.029 THE SERVICES THAT WAS ALL THOSE
01:52 - 07.280 CASES ALMOST ALL IN ONE DAY.
01:52 - 10.220 THE ANATOMY ACT THE GAMING AND.
01:52 - 14.169 IF YOU LOOK AT THE 1996 TEXT
01:52 - 15.949 PEACE SIGN OR IF I AGREE WITH
01:52 - 17.839 YOU. THE MOVIE THAT
01:52 - 19.379 WAS THAT THAT TALKED ABOUT THE
01:52 - 21.139 MISSION TICKETS TO CONCERTS AND
01:52 - 22.470 SHOWS AND SPORTING EVENTS.
01:52 - 26.819 AGAIN AS HAS THE SERVICES AND
01:52 - 27.880 THOSE ALL DAY.
01:52 - 30.479 THE GAMING. THEY RELY ON THAT
01:52 - 32.419 AND ALSO SOME OF THE EXAMPLES I
01:52 - 33.529 GAVE YOU ARE AT THE DIFFERENCE
01:52 - 35.729 BEING BETWEEN THE SERVICE IS
01:52 - 36.190 INVOLVED
01:52 - 38.799 IN LABOR. IF THE CASINO WANT TO
01:52 - 40.779 START HANDING OUT A STOCK
01:52 - 42.309 CERTIFICATES TO AMAZON OR APPLE
01:52 - 44.449 THAT THE PERSONAL PROPERTY AS
01:52 - 46.590 OPPOSED TO. HERE WEEKEND
01:52 - 48.709 INVOLVED THE LAKERS. I THINK
01:52 - 50.070 THAT THE LIMITING PRINCIPLE.
01:52 - 53.599 THEY'VE ALSO MY ADVERSARIES IN
01:52 - 55.189 ADDITION IS INCONSISTENT
01:52 - 57.479 BECAUSE IF YOU LOOK AT AGE OF
01:52 - 59.669 THE REPRODUCE RECORD. GREEN WAS
01:52 - 00.900 SPENT $8,000.
01:53 - 04.569 JAY Z TICKETS. THEY ONLY THEY
01:53 - 06.900 ONLY SAW A REFUND FOR 6,000
01:53 - 08.650 BECAUSE 25%
01:53 - 10.649 OF THOSE TICKETS WAS FOR FOOD,
01:53 - 11.849 BUT THEY RECOGNIZE THE
01:53 - 12.939 PRINCIPLE THAT YOU HAVE TO LOOK
01:53 - 14.719 PAST THE TICKET. THE SEE WHAT'S
01:53 - 15.839 BEING MADE AND WE DIDN'T
01:53 - 18.320 CHALLENGE THAT FOR US. A
01:53 - 22.969 IT'S JUST YEAH, IT SEEMS THE
01:53 - 23.970 THAT.
01:53 - 26.729 IT SEEMS TO ME THAT YOUR
01:53 - 29.439 COMPARISON TO AND AMAZON GIFT
01:53 - 30.440 CARD.
01:53 - 33.409 AND I SAID IF IT MEANT LIKE A
01:53 - 35.159 STOCK CERTIFICATE NOT A GIFT
01:53 - 38.159 CARD IF PARTY. BECAUSE IT'S A
01:53 - 39.160 PERSONAL PROPERTY.
01:53 - 45.120 IT SEEMS TO ME TO BE.
01:53 - 46.469 A CONSISTENT WITH WHAT
01:53 - 47.889 JUSTICE WECHT WAS GETTING A
01:53 - 49.420 LITTLE BIT AGO THAT.
01:53 - 52.929 IF YOU GIVE ME AS A CALM, A
01:53 - 55.649 TICKET TO AJC CONCERT. I KNOW
01:53 - 57.579 INTERESTING DOLLY SO I MIGHT
01:53 - 00.350 SELL. SO SEE HOW.
01:54 - 03.340 IS DISTINGUISHABLE THEM
01:54 - 05.999 FROM AN AMAZON GIFT CARD THAT
01:54 - 07.529 WOULD HAVE FOUND YOU BECAUSE
01:54 - 09.439 THIS A PIECE OF PERSONAL
01:54 - 11.869 PROPERTY WHICH I TAKE IT TO ITS
01:54 - 14.039 PERSONAL PROPERTY. WHICH I'M
01:54 - 15.329 NOT INTERESTED IN SEEING
01:54 - 17.209 OUR TRANSFER. I CAN GIVE IT TO
01:54 - 19.049 SOMEONE ELSE OR I CAN COME SELL
01:54 - 20.930 IT TO SOMEONE ELSE OR FOR MONEY.
01:54 - 23.749 I UNDERSTAND THAT BUT I THINK
01:54 - 24.910 THAT MIGHT BE TRUE FOR.
01:54 - 26.439 OTHER THINGS THAT ARE WHO DID
01:54 - 28.739 LIKE THAT IF THE CASINO WAS
01:54 - 29.840 OFFERED I'D TAKE IT.
01:54 - 32.229 IT'S A GUIDED TOUR TICKETS TO
01:54 - 34.079 SEE LIBERTY THOUGH, BUT TAKE IT
01:54 - 35.649 FROM PHILADELPHIA TO
01:54 - 37.569 THE CASINO. CERTAINLY SOME OF
01:54 - 39.160 THE TRANSFER THOSE PATIENTS
01:54 - 41.409 STILL BE EXCLUDED. I THINK IT'S
01:54 - 43.059 AGAIN YOU HAVE TO LOOK AT THE
01:54 - 45.140 NATURE OF WHAT BEING IN VAIN.
01:54 - 47.459 AND WAS BEING CONVEYED IT IS A
01:54 - 48.489 SERVICE THEY THINK THAT THE
01:54 - 50.419 LIMITING PRINCIPLE, NOT WHETHER
01:54 - 51.559 PEOPLE CAN DO WHATEVER THEY
01:54 - 53.540 WANT. AND I'M PROUD OF THAT.
01:55 - 06.579 WELL I THINK AGAIN YOU HAVE
01:55 - 07.699 SERVICES BECAUSE YOU HAVE TO
01:55 - 09.129 LOOK AT WHAT'S BEING CONVEYED
01:55 - 10.779 IN AND PERSONAL PROPERTY, THE
01:55 - 11.969 DIFFERENCE BETWEEN THOSE 2 IS
01:55 - 12.970 HUMAN LABOR.
01:55 - 16.169 SO AGAIN I THINK YOU HAVE TO
01:55 - 18.089 LOOK AND IT IT IS IT DOESN'T
01:55 - 20.060 INVOLVE THE LABOR STILL ADVISE.
01:55 - 23.099 LIKE A BARBER OR SHOE SHINER A
01:55 - 24.599 DRY CLEANER AND THAT'S THE
01:55 - 25.600 DIFFERENCE.
01:55 - 29.939 HAHA ONE STEP AND JUST WHAT CAN
01:55 - 30.940 I INTERRUPT FOR ONE
01:55 - 33.669 COUNCIL CONSUL, WHY DON'T YOU
01:55 - 34.670 VOTE.
01:55 - 36.819 IF IT MAY BE INFECTED IN THE
01:55 - 39.079 FIRST BILL PROPERTY IT REALLY
01:55 - 41.490 MADE SELLING THE STATE THIS
01:55 - 43.649 IS THE PERSON THAT'S GOING TO
01:55 - 44.819 SING EITHER YOUR THEORY OF THE
01:55 - 46.889 CASE THAT I RECOGNIZE YOUR
01:55 - 48.160 HONOR THAT THERE IS AN OVERLAP.
01:55 - 50.659 THEY BOTH INVOLVE SOMETHING
01:55 - 52.399 THAT YOU CAN SHOVEL AND THEY
01:55 - 53.839 BOTH INVOLVE SOMETHING
01:55 - 56.039 THAT REPRESENTED. I MEAN THE
01:55 - 57.099 STOCK CERTIFICATE WOULD BE
01:55 - 58.659 INTANGIBLE AND A REPRESENTATIVE
01:55 - 59.660 OF THE VALUE OF THE CAR.
01:55 - 01.549 IT ALSO INVOLVED IN SOMETHING
01:56 - 03.369 THAT INTANGIBLE AND IT'S
01:56 - 05.219 REPRESENTATIVE HOWEVER, THE
01:56 - 06.329 DIFFERENCE BETWEEN THOSE 2
01:56 - 08.850 AGAIN IS IN LABOR STILL ADVICE
01:56 - 10.010 AND I THINK THAT'S THE
01:56 - 11.299 DISTINCTION THAT'S THE
01:56 - 12.709 DICTIONARY DEFINITION WHICH
01:56 - 14.219 WHICH SUPPORTS OUR VIEW AND I
01:56 - 16.139 THINK IF YOU MAKE THOSE
01:56 - 19.119 DISTINCTIONS BETWEEN. STOCK
01:56 - 20.159 CERTIFICATES OF INSURANCE
01:56 - 21.849 POLICIES. THE CURRENT AND
01:56 - 24.429 RUBBLE, THEIR SERVICES WHICH
01:56 - 27.199 MARK HUMAN LABOR THAT'S THE AND
01:56 - 28.360 I THINK THAT'S THE PRINCIPLE.
01:56 - 31.699 IT IS JUST LIKE THAT FOLLOWED
01:56 - 33.110 IT. THERE WERE FOLLOW-UP.
01:56 - 37.250 WELL I JUST I BRIEFLY ASK
01:56 - 50.260 COMMUNICATE TO THE
01:56 - 52.260 LEGISLATIVE BRANCH. IT BOASTS
01:56 - 54.009 IT GOT BETTER IN THIS
01:56 - 55.789 OTHER SECTION. YOU PUT IT IN
01:56 - 57.350 THIS SECTION. 2.
01:56 - 00.160 YOU'RE
01:57 - 02.439 SOMEBODY SUGGESTED. ALL WHILE
01:57 - 03.440 AT WORK.
01:57 - 11.830 ON THE GENERAL ASSEMBLY'S.
01:57 - 16.949 I UNDERSTAND THE ARGUMENT AND
01:57 - 18.499 THEN GET YOUR EYES AND
01:57 - 19.710 CERTAINLY COULD BE CLEAR.
01:57 - 21.519 I THINK IT'S CLEAR ENOUGH HERE
01:57 - 22.959 BASED ON THE CASE OF THE SITE
01:57 - 25.309 AND EVERY JURISDICTION. BASED
01:57 - 26.639 ON THE ECONOMY, THE COMMONLY
01:57 - 29.199 UNDERSTOOD MEANING. SERVICES
01:57 - 30.639 AND SOME OF THE EXAMPLES WE
01:57 - 31.100 PROVIDE IT
01:57 - 32.999 THAT NOW IF I COULD JUST
01:57 - 35.329 TRANSITION WE THINK IT'S AN
01:57 - 37.569 AMBIGUOUS THE TERM SERVICES BUT
01:57 - 38.490 I CAN RECOGNIZE THAT THERE
01:57 - 40.699 MIGHT BE. IF THERE WAS SOME
01:57 - 41.700 AMBIGUITY.
01:57 - 43.759 I THINK THE COMMONWEALTH COURT
01:57 - 45.409 ERRED BY FIRST GOING TO THE
01:57 - 47.219 STRICT CONSTRUCTION. THIS COURT
01:57 - 49.599 HAS SAID IT LEAST 3 TIMES SINCE
01:57 - 50.799 GREENWOOD GAMING WAS LAST YEAR
01:57 - 53.239 IN 2014 THAT AND A DECADE, A
01:57 - 54.929 NIGHT OF OTHERS AND IT'S FUNNY
01:57 - 56.439 TRANSPORT THAT THE RULES ARE
01:57 - 58.009 STRICT CONSTRUCTION IS A TOOL
01:57 - 59.749 OF LAST RESORT AND THAT
01:57 - 01.549 YOU'LL BUY SOME OF THE FACTORS
01:58 - 04.399 OF SECTION 1921. FIRST LET ME
01:58 - 07.389 FOCUS ON 2 OF THOSE. HERE ONE
01:58 - 09.509 WOULD BE THE CONSEQUENCES, A
01:58 - 11.409 PARTICULAR INTERPRETATION AND
01:58 - 12.969 DEFERENCE OPPOSITION ON THE
01:58 - 15.110 CONSEQUENCES IS THAT THIS WOULD
01:58 - 18.319 IF A TICKET IS DETERMINED THAT
01:58 - 21.649 HAS COME FOR JURY THEY'RE GOING
01:58 - 23.150 TO BE LOTS OF WAYS FOR
01:58 - 25.229 THE CASINOS TO AVOID ATTACKS.
01:58 - 26.749 I KNOW YOU SOME MAYBE
01:58 - 28.909 MORE OF A STREAM EXAMPLES BUT
01:58 - 29.850 THE USE OF TICKETS IS
01:58 - 32.389 WIDESPREAD AND AGAIN I THINK
01:58 - 34.689 THEIR POSITION INCONSISTENT YOU
01:58 - 36.299 CAN TAKE SOMETHING THAT IS
01:58 - 37.970 EXCLUDED LIKE AN AIRLINE TICKET.
01:58 - 40.609 OR TRAVEL EXPENSES ARE ARE
01:58 - 42.319 EXCLUDED. BUT UNDER
01:58 - 43.679 THEIR INTERPRETATION OF AIRLINE
01:58 - 45.910 TICKETS AND GET THEM. THE DUTCH
01:58 - 47.399 BECAUSE IT INVOLVED A TICKET OR
01:58 - 49.109 A BUS TICKET. THERE ARE
01:58 - 51.139 OPPOSITION OF THE R R IT IS
01:58 - 53.010 MORE REASONABLE IF A PATIENT.
01:58 - 56.309 OTHERWISE YOU JUST AVOID THE
01:58 - 59.570 FEE. I UNIT HERE ON EARTH.
01:59 - 05.500 YOU NEED ME.
01:59 - 07.300 AND BEFORE
01:59 - 09.259 YOU CONCLUDE, THEY SAID
01:59 - 10.449 SOMETHING EARLIER AND NOW
01:59 - 11.450 YOU'RE BACK TO IT.
01:59 - 15.379 IT UP TO SEE YOU KNOW. OTHERS
01:59 - 16.880 SAY 4.
01:59 - 19.959 TICKETS FOR 4 AND FRANKLY
01:59 - 21.559 I DON'T SEE ANY RELEVANCE TO
01:59 - 22.849 THEIR ANY ANY IMPORTANCE TO
01:59 - 25.400 WHETHER IT'S SOMETHING OR
01:59 - 30.850 THEY GO SEE THE LIBERTY BELL.
01:59 - 32.640 THEIR INDEPENDENCE HALL.
01:59 - 36.900 YEAH, IT IS A GUIDE FOR YOU.
01:59 - 38.780 IS THAT YOU'RE
01:59 - 40.399 SEEING SOMEONE DELAY HUMAN
01:59 - 41.789 LABOR OF SOMEONE WHO HAS THE
01:59 - 42.230 SKILLS.
01:59 - 43.350 WHO CAN TELL YOU THE WHOLE
01:59 - 44.560 HISTORY OF LIBERTY BELL.
01:59 - 50.149 ANY OTHER YOU KNOW I TORE IT,
01:59 - 51.559 I DON'T KNOW IF THEY CHARGE I
01:59 - 52.859 DON'T THINK THEY CHARGED THE
01:59 - 54.109 LIBERTY BELL THAT IS THE FIRST
01:59 - 57.469 SECOND. THAT'S NUMBER 5 IF I
01:59 - 58.470 MAY.
01:59 - 00.220 RIGHT I STILL THINK YOU'RE
02:00 - 01.529 RECEIVING A SERVICE I THINK
02:00 - 02.530 IT'S CLEAR THAT.
02:00 - 04.649 BUT I STILL THINK YOU'RE BEING
02:00 - 06.420 ENTERTAINED THE SOME DEGREE.
02:00 - 08.959 THE ONE LAST THING
02:00 - 11.839 I WANTED TO SAY YOUR HONOR I WE
02:00 - 13.539 WE MENTIONED A DIFFERENCE IS
02:00 - 14.540 THAT AS ANOTHER.
02:00 - 16.959 A FACTOR THAT WE USE IN OUR
02:00 - 19.080 FAVOR AND I KNOW THERE'S A
02:00 - 21.019 SOME DISAGREEMENT, MAYBE THE
02:00 - 22.409 COURT EVERY DAY ABOUT HOW MUCH
02:00 - 23.530 DEFERENCE SHOULD BE GIVEN.
02:00 - 26.969 I JUST WANT TO POINT OUT I
02:00 - 28.289 THINK THIS IS A BULLET IN FOR
02:00 - 30.179 THIS MIGHT BE A LOWER LEVEL OF
02:00 - 31.180 EFFORT.
02:00 - 34.039 BUT WE ARE POSITION IS THAT IF
02:00 - 34.480 YOU ARE
02:00 - 36.679 INTERPRETATION IS A REASONABLE
02:00 - 38.230 ONE IT DOESN'T CLEARLY VIOLATE
02:00 - 40.329 THE LEGISLATURE'S INTENT AND
02:00 - 40.780 AGAIN I WOULD
02:00 - 43.249 THAT'S HIM THE KEEP MAKING THE
02:00 - 44.250 SAME POINTS BUT
02:00 - 46.069 AGAIN WE'RE LIVE IN THOSE 60'S
02:00 - 47.960 IS REFER TO ADMISSION TICKETS
02:00 - 51.489 THEN YOU'RE MOVING BACK TO YOUR
02:00 - 53.749 POINT IT FOR YOU THAT JUMP OFF
02:00 - 55.099 OF HIS DEATH. BEFORE YOU
02:00 - 56.500 CONCLUDE, AND DEFERENCE.
02:00 - 59.299 EVEN WHERE THE COURT IS
02:00 - 00.890 INCLINED TO THEM.
02:01 - 04.230 TO INVOKE DEFERENCE.
02:01 - 09.129 IF YOU HAVE A LAW ON LEGISLATIVE
02:01 - 10.649 THERE'S NO LEGISLATIVE ROLE
02:01 - 11.650 HERE.
02:01 - 15.549 IF NO ONE KNOWS THE ANALYSIS
02:01 - 17.570 WHATSOEVER SO IN A CERTAIN.
02:01 - 20.189 AND IT'S NOT BY THE GAMING
02:01 - 21.620 BOARD WHICH PRESUMABLY HAS THAT
02:01 - 23.669 SHE'S HERE. BUT IT'S QUITE
02:01 - 24.670 APART.
02:01 - 29.789 HOW IS GAMING IN THE IN THE
02:01 - 32.010 DEPARTMENT OF REVENUE, HOUSE
02:01 - 34.299 SUCH SAID THAT WE SHOULD SIMPLY
02:01 - 36.299 DEFERRED WITH SOMEBODY SOMEBODY
02:01 - 37.810 WROTE A BULLET THAT ABOUT SAYS.
02:01 - 40.540 THIS PARTICULAR MISSION.
02:01 - 42.559 IT'S TAXING I UNDERSTAND THE
02:01 - 43.779 GAMING COMMISSION IF THIS HAD
02:01 - 44.889 TO DO WITH THE INTEGRITY OF THE
02:01 - 47.169 GAME OR LICENSES. THEN YES, I
02:01 - 48.689 ACTUALLY DO A LOT OF THAT WE'LL
02:01 - 49.969 BE IN TOWN NO DEFERENCE THAT
02:01 - 50.982 SINCE WE'RE DEALING WITH IT
02:01 - 52.639 ATTACK THE TAXING PART OF THE
02:01 - 55.109 GAMING APP THAT DEAL OR HAS THE
02:01 - 56.959 EXPERTISE ON THAT AND THAT
02:01 - 58.899 SHOULD BE ENTITLED TO SOME TO
02:01 - 00.899 SOME DAY. AND I THINK AGAIN
02:02 - 02.139 THEY'RE RELYING ON THE COMMONLY
02:02 - 04.069 UNDERSTOOD MEANING SERVICES THE
02:02 - 06.380 FACT THAT THESE TYPES OF CALM
02:02 - 09.309 OR VERY POPULAR THINGS THAT THE
02:02 - 10.959 CEOS HAVE BEEN GIVING OUT FOR
02:02 - 12.029 DECADES AND THAT WITH THE
02:02 - 14.040 LEGISLATURE. IT HAD IN MIND.
02:02 - 17.239 I HAVE NOTHING FOR THE AGAINST
02:02 - 18.080 ONE OTHER THING I WANT TO
02:02 - 19.309 MENTION YOUR HONOR BEFORE I
02:02 - 21.149 CONCLUDE I THINK I KNOW WE
02:02 - 21.800 HAVEN'T TOUCHED ON IT
02:02 - 23.509 AT ALL AND I THINK THE OPEN
02:02 - 24.769 DISSENT WITHIN THAT THE
02:02 - 25.740 COMMONWEALTH COURT MAJORITY
02:02 - 28.780 RELIED ON. WAS NOTHING TO DO IT
02:02 - 30.649 BACK TO MY HEAD TO PENNSYLVANIA
02:02 - 31.879 CONSUMER PROTECTION. THEY WERE
02:02 - 33.050 LIKE IN THE CASE WHEN THERE
02:02 - 35.729 WHICH YOU SEE SEE ARTICLE 9
02:02 - 38.260 DAYS AND UNDER THAT ARTICLE 9
02:02 - 39.969 EVEN REAL PROPERTY INTERESTS
02:02 - 40.770 ARE CONSIDERED PERSONAL
02:02 - 43.099 PROPERTY AND EVEN A MORTGAGE
02:02 - 44.809 FOR A LEASE. SO I THINK THOSE
02:02 - 46.829 2 CASES AND NO BEARING ON
02:02 - 47.849 QUESTION I THINK THE CASE WILL
02:02 - 49.989 BE CITED MUCH MORE PERSUASIVE
02:02 - 51.559 THAN ANY HONEST JULY AND
02:02 - 53.099 THOSE WITHOUT THERE'S NO
02:02 - 54.680 QUESTION ABOUT OF A RESTAURANT.
02:02 - 58.270 THANK YOU MISTER STUART.
02:03 - 01.789 AND GOOD MORNING. AND THEY
02:03 - 02.090 PLEASE
02:03 - 03.619 THE COURT. MARK STEWART WITH
02:03 - 04.849 AKRON SIEMENS FOR GREENWOOD
02:03 - 05.870 GAMING AND ENTERTAINMENT.
02:03 - 07.480 THE YEAR HONORS.
02:03 - 08.440 WE SUBMIT THAT THE
02:03 - 09.579 COMMONWEALTH'S ARGUMENTS ARE
02:03 - 11.040 UNDERMINED AND 3 KEY WAYS.
02:03 - 12.719 FIRST BY THE LANGUAGE OF THE
02:03 - 14.679 STATUTE AS HAS BEEN DISCUSSED
02:03 - 16.259 EVENT TICKETS IS NOT LISTED
02:03 - 16.610 AMONG THE
02:03 - 19.279 5 ENUMERATED EXCEPTIONS IN
02:03 - 21.299 SECTION 11 '03. AND IT SHOULD
02:03 - 23.129 BE RIGHT MAN AND IT'S ABSENCE
02:03 - 24.519 SHOULDN'T BE IGNORED FOR
02:03 - 27.519 THE SPIRIT. SECTION 11 A 3 ALSO
02:03 - 29.469 BROADLY CAPTURES QUOTE UNQUOTE
02:03 - 31.309 ANY PERSONAL PROPERTY, THE
02:03 - 32.699 EXCLUSION APPLIES TO ANY
02:03 - 34.239 PERSONAL PROPERTY, WHICH
02:03 - 35.889 INCLUDES INTANGIBLE RIGHT TO
02:03 - 37.629 ATTEND AN EVENT AND OCCUPY A
02:03 - 39.859 SPECIFIC C AND A VERY
02:03 - 41.739 SIGNIFICANT PORTION OF THE COST
02:03 - 43.549 OF A TICKET IS TIED TO THAT
02:03 - 45.249 INTANGIBLE RIGHT. I BOUGHT
02:03 - 46.259 TICKETS IN THE NOSEBLEED
02:03 - 48.009 SECTIONS WHEN I FOUND TO SEE A
02:03 - 49.319 BASKETBALL GAME. THE
02:03 - 51.120 CELEBRITIES WHO SAT COURTSIDE
02:03 - 52.949 THEY HAVE VERY DIFFERENT PRICE
02:03 - 55.230 THAN I DO. FOR THAT SEAT
02:03 - 56.080 AND THAT
02:03 - 57.999 COST THAT VALUE IS DIRECTLY
02:03 - 59.669 TIED TO PERSONAL PROPERTY
02:03 - 00.800 ASPECT OF THE TICKET.
02:04 - 03.609 MISTER STEWART IT STARTS THE
02:04 - 05.400 CELEBRITIES ARE PROBABLY CALL.
02:04 - 08.800 IN FACT AT ONE POINT YOUR HONOR.
02:04 - 11.879 ADDITIONALLY IN TERMS OF THE
02:04 - 12.919 INCONSISTENCY WITH
02:04 - 15.349 THE STATUTE SECTION 11 '03
02:04 - 17.479 SPECIFICALLY FOCUSES ON WHAT
02:04 - 18.869 THE CASINO FLOOR AND PUT
02:04 - 21.000 DISTRIBUTE TO THE PLAYER.
02:04 - 23.079 THE CASINO AS HAS BEEN
02:04 - 24.639 DISCUSSED, THERE'S NOT PERFORM
02:04 - 27.009 ANY SERVICE HERE. WE DO NOT I
02:04 - 28.849 FEEL THE GROUND BALL PLANETS
02:04 - 29.400 FORM MEANT FOR
02:04 - 31.719 A TOUCHDOWN. WE GIVE CAN DOUBLE
02:04 - 32.919 IN IN TANGIBLE PERSONAL
02:04 - 35.349 PROPERTY TO THE PLAYER. AND AS
02:04 - 37.029 WAS AND
02:04 - 39.159 THE QUESTIONS THE SCENARIO THAT
02:04 - 40.609 THE PLAYER HAS THE UNFETTERED
02:04 - 42.019 RIGHT TO DISPOSE OF THAT
02:04 - 43.870 TICKET. HERE SHE CAN SELL IT.
02:04 - 46.059 THEY CAN GET IT. THEY CAN JUST
02:04 - 47.559 NOT SHOW UP IN
02:04 - 49.089 THAT SCENARIO UNDER THE
02:04 - 51.379 COMMONWEALTH, YOU BECAUSE THEY
02:04 - 52.980 NEVER RECEIVED THE SERVICE.
02:04 - 54.759 THE CASINO APPARENTLY NEVER
02:04 - 56.040 DISTRIBUTED THEM ANYTHING.
02:04 - 58.439 THAT'S CLEARLY NOT THE CASE WE
02:04 - 00.559 DISTRIBUTED DOWN A TANGIBLE AND
02:05 - 01.889 INTANGIBLE PARKER A
02:05 - 04.320 PERSONAL PROPERTY. WISH DAY
02:05 - 06.510 DISPOSED OF. THE
02:05 - 08.040 AND THAT
02:05 - 10.009 HAS UNDERMINED THEIR POSITION
02:05 - 11.349 IS THIS COURT'S DECISION AND
02:05 - 12.799 WHAT'S BEEN REFERRED TO A SCREEN
02:05 - 15.119 WITH ONE AND THE DIRECTIVE TO
02:05 - 16.350 STRICTLY COME TRUE.
02:05 - 18.499 THESE DEFINITIONS IN THE LIGHT
02:05 - 20.119 MOST FAVORABLE TO THE CALM TO
02:05 - 21.250 THE TAXPAYER EXCUSE ME.
02:05 - 24.430 IT'S IMPORTANT TO NOTE AS.
02:05 - 26.109 REFERENCE WAS MADE TO THE RULE
02:05 - 27.110 OF LAST RESORT
02:05 - 28.929 AND WE'RE NOT TRYING TO APPLY
02:05 - 30.949 THE PRECEPT FOR THE DIRECTIVE
02:05 - 32.749 FROM FROM GREENWOOD ONE SOME
02:05 - 33.010 OTHER
02:05 - 35.249 TAX STATUTE. THE GREENWOOD ONE
02:05 - 36.959 INTERPRETED THE EXACT SAME
02:05 - 40.129 CAUSE THAT WE ARE DISCUSSING
02:05 - 42.550 HERE IN THIS CASE. IT'S A
02:05 - 45.149 APPLAUSE NUMBER 3 UNDER SECTION
02:05 - 47.110 11 '03. ONE
02:05 - 49.899 SO IT CAN HAVE A CLAUSE
02:05 - 51.779 THAT IS PARTIALLY STRICTLY
02:05 - 53.109 CONSTRUED IN THE TAXPAYERS
02:05 - 54.949 FAVOR, BUT PARTIALLY NOT
02:05 - 56.140 STRICTLY TRUE FACTS.
02:05 - 00.049 AND FINALLY THE KIND OF MIND BY
02:06 - 01.849 THE FACTS OF RECORD AS WAS
02:06 - 02.929 REFERENCED. THEY WERE
02:06 - 04.859 STIPULATED AND THE COMMONWEALTH
02:06 - 06.449 HAS AGREED TO ALL THE FACTS
02:06 - 07.839 REQUIRED TO ESTABLISH THAT THE
02:06 - 08.840 TICKETS OR BOTH
02:06 - 11.059 TANGIBLE AND IN TANGIBLE
02:06 - 12.619 PERSONAL PROPERTY AND THEY
02:06 - 13.999 STIPULATED TO THE COST OF THE
02:06 - 16.489 SAME. IN
02:06 - 19.029 TERMS OF THE ARGUMENT ABOUT
02:06 - 20.819 WHETHER THE THE COMMONWEALTH
02:06 - 22.809 COLUMN COURTS, A MAJORITY
02:06 - 24.380 DECISION WAS UNREASONABLE.
02:06 - 27.549 I DON'T THINK THAT CAN BE FOUND
02:06 - 30.520 HERE BECAUSE OF THE EXPRESS
02:06 - 33.159 EXCEPTIONS IN SECTION
02:06 - 34.739 11 A 3 AND AS
02:06 - 37.139 WAS DISCUSSED. EVENT TICKETS
02:06 - 38.399 AND ENTERTAINMENT ARE NOT
02:06 - 39.769 INCLUDED IN THAT EXPRESS
02:06 - 40.200 LISTING.
02:06 - 42.370 THIS IS THE 3RD. US.
02:06 - 46.049 THANK THE OPEN TO PROCREATE
02:06 - 47.780 LEE. LET ME ASK
02:06 - 50.340 IT YOU MENTION THAT THEY DID
02:06 - 52.369 THAT THE LEGISLATION IF NOT
02:06 - 55.079 MENTION IT SPECIFICALLY THAT TO
02:06 - 57.189 ME IS IT. WELL THE
02:06 - 59.369 WAY BECAUSE THERE'S AN INFINITE
02:06 - 00.659 NUMBER OF THINGS THAT COULD BE
02:07 - 02.279 MENTION SPECIFIC WE'RE NOT
02:07 - 03.749 SPECIFICALLY SO THE
02:07 - 05.319 LEGISLATURE'S A IS A IS A
02:07 - 06.639 DISCUSSED WITH YOUR OPPOSING
02:07 - 08.479 COUNSEL. IT IS SAID AND THE
02:07 - 10.210 LIKE THEY DID NOT.
02:07 - 12.859 SO THE QUESTION COMES DOWN TO
02:07 - 13.860 WHAT THE START.
02:07 - 16.579 CAN YOU DEFINE IT AS SERVICE
02:07 - 17.779 FOR ME AND TELL ME WHAT'S
02:07 - 19.870 INCLUSIVE ID.
02:07 - 24.109 ONE COMMITTED TO THE PLATE IS
02:07 - 25.110 OUTSIDE.
02:07 - 27.760 YES, MISTER CHIEF
02:07 - 31.489 WELL I THINK THE DEFINITION
02:07 - 33.029 OF OF THE SERVICE HAS BEEN
02:07 - 35.589 POSITIVE. IT'S IN LABOR ITS
02:07 - 38.809 EFFORT. AND THE LIKE AND PARSE
02:07 - 42.109 THE IT DID NOT PERFORM ANY. OF
02:07 - 44.179 THOSE HUMAN LABOR OR SERVICES
02:07 - 45.629 IN THIS INSTANCE WHEN HE GAVE
02:07 - 48.740 WAS. READILY IDENTIFIABLE.
02:07 - 51.319 RIGHT AND TANGIBLE PROPERTY
02:07 - 52.750 THAT THE SUBJECT OF OWNERSHIP
02:07 - 55.189 AND THAT WAS TRANSFERABLE AND
02:07 - 55.810 THAT MAKES IT.
02:07 - 57.100 ANDERSON PROPERTY.
02:07 - 59.409 I'M SORRY I APOLOGIZE HE CAN
02:07 - 00.410 CREATE.
02:08 - 02.599 AND WELL I UNDERSTAND YOUR
02:08 - 04.279 HONOR'S A VIEW THAT IT MAY NOT
02:08 - 06.769 BE DISPOSITIVE EVENT TICKETS
02:08 - 08.449 ARE NOT LISTED. IT CERTAINLY
02:08 - 09.450 SHOULD.
02:08 - 11.839 INDICATE THAT THE POSITION IS
02:08 - 14.309 NOT REASONABLE. THE DECISION OF
02:08 - 15.749 THE OF THE KIND OF COURSE NOT
02:08 - 17.920 REASONABLE AND THEREFORE.
02:08 - 19.580 IT THE TICKETS
02:08 - 23.329 CLEARLY AND UNAMBIGUOUSLY BE A
02:08 - 25.109 SERVICE AND IT'S IMPORTANT TO
02:08 - 26.789 KNOW THAT NOT ONLY DID THE
02:08 - 28.669 LEGISLATURE NOT INCLUDE EVENT
02:08 - 29.839 TICKETS FOR ENTERTAINMENT
02:08 - 31.699 EXPENSES. WHEN THEY PASSED THE
02:08 - 33.880 ACT IN 2004. BUT IN
02:08 - 36.179 2010 WHEN BAY AMENDED
02:08 - 38.159 TO ADD THE DEFINITION OF GROSS
02:08 - 39.579 TABLE GAME REVENUE, WHICH IS
02:08 - 41.219 ALSO AN ISSUE HERE. THEY
02:08 - 43.099 DIDN'T END AND WE'RE CERTAINLY
02:08 - 44.630 EVEN MORE AWARE OF THE EVENT
02:08 - 48.010 COPS THEN THEY WERE IN 2004.
02:08 - 50.189 THEY GAINED IN HAD AT INTO THE
02:08 - 52.179 STATUE AND THEY DID AT IT AGAIN
02:08 - 53.319 WHEN THEY AMENDED THE LAW WHEN
02:08 - 53.940 TO 17.
02:08 - 57.140 THE MCCAIN CAN GET THERE AGAIN.
02:08 - 00.110 YOU SEE HIM PLAY
02:09 - 01.899 GREAT IMPORTANCE TO AND I NOTED
02:09 - 03.719 THIS IN YOUR FACE OFF ON THE
02:09 - 04.390 FACT THAT THERE'S
02:09 - 06.709 A TICKET. SO ASSUMING THAT WE
02:09 - 09.399 HAVE THE KING OF SAUDI ARABIA
02:09 - 10.400 PART.
02:09 - 13.419 AND HE'S GOT A LINE OF CREDIT
02:09 - 15.329 FOR HIS GAMING OF A BILLION
02:09 - 17.090 DOLLARS AND HE LOVES
02:09 - 20.539 JUSTIN TIMBERLAKE AND IN IN THE
02:09 - 22.929 CASINO BRINGS JUSTIN TIMBERLAKE
02:09 - 25.139 TO HIS TABLE IN JUST HIS NUMBER
02:09 - 26.969 LAKE SINGS IN THE SONG. THE
02:09 - 28.130 SERVICE OR NOT TO SERVE.
02:09 - 32.259 JUSTIN TIMBERLAKE PROVIDED
02:09 - 34.019 A SERVICE TO THE KING OF SAUDI
02:09 - 36.270 ARABIA, THE CHIEF JUSTICE THAT
02:09 - 37.360 IN PART
02:09 - 39.489 DID NOT THE PARK'S FACILITIES
02:09 - 40.869 COMING I MEAN JUST THINK YOU'RE
02:09 - 42.079 CUTTING WITH A VERY SHARP
02:09 - 43.620 KNIFE. I WOULD SAY THAT IT
02:09 - 46.169 THAT PART THE MONEY THAT PARKS
02:09 - 48.479 PAY AND THAT INSTANCE ABOUT
02:09 - 50.359 THIS YOU'RE NOT POSITIVE PART,
02:09 - 52.139 HEY JUSTIN TIMBERLAKE TO SING
02:09 - 53.140 TO HIM.
02:09 - 55.410 BUT YOU CAN'T SEPARATE.
02:09 - 56.999 THE DOLLAR BUT THE GUYS TO
02:09 - 59.269 LOSE 500 MILLION YEARS IT WAS A
02:09 - 00.270 BIG DEAL.
02:10 - 01.809 IT'S GOING TO THE STATE HAS
02:10 - 04.000 TO GET 55% OF THE REVENUE.
02:10 - 07.029 JUST TO SPARE. IT'S JUST
02:10 - 07.520 THIS TIME.
02:10 - 09.739 I BELIEVE IN ALL THE MANY
02:10 - 11.149 YEARS AND I'VE BEEN SITTING ON
02:10 - 12.150 THIS BENCH WITH YOU
02:10 - 14.059 I BELIEVE THAT'S MY FAVORITE
02:10 - 15.479 HYPOTHETICAL YOU'VE EVER
02:10 - 16.480 POSSIBLE.
02:10 - 19.110 THAT DOES IT FEEL THANK YOU.
02:10 - 24.459 LET ME SEE IF I UNDERSTAND WHAT
02:10 - 26.890 YOU'RE SAYING SERVICES SEE IT.
02:10 - 30.050 OUR SERVICES THAT ARE PROVIDED.
02:10 - 33.780 HI EMPLOYEES A BIG YOU KNOW.
02:10 - 36.110 CERTAINLY THAT WOULD BE
02:10 - 37.679 CORRECT YOUR HONOR THAT WOULD
02:10 - 39.430 BE INCLUDED IN THE TERMS.
02:10 - 42.169 NO I'M NOT INCLUDING I'M
02:10 - 44.470 SAYING IS THAT SERVICES ARE.
02:10 - 47.749 IT ONLY INCLUDES 30 DAYS
02:10 - 50.659 THAT ARE PROVIDED BY EMPLOYEES
02:10 - 51.660 OF THE SCENE.
02:10 - 56.300 IN ADDITION TO WORK OR BE SEEN.
02:10 - 01.310 THEY >>CAME TO A CREAM PIE.
02:11 - 04.929 THE AIM IS TO EMPLOY BY THE
02:11 - 06.999 CASINO. IS AT
02:11 - 09.679 THE SERVICE THAT IS EXCLUDED
02:11 - 10.890 FROM THE PROPERTY.
02:11 - 12.940 THAT IS A SERVICE.
02:11 - 15.339 IT'S PROVIDED BY THE CASINO
02:11 - 17.759 ABSOLUTELY AND I THINK IT
02:11 - 21.019 IS TRANSPARENT. PRETEXT AND
02:11 - 22.289 THAT REGARD AND IT ALSO WOULD
02:11 - 23.420 NOT REALLY A WORD.
02:11 - 25.999 THE HOLDER ANY INTENT OR AID
02:11 - 27.159 WOULD NOT HAVE A SEPARATE AND
02:11 - 28.510 DISTINCT USE OR COST.
02:11 - 31.969 THEIR WAY IN AND GIVE THE
02:11 - 34.179 MONEY BACK IN YOUR ROOM, THIS IS
02:11 - 36.979 THE I I SAW ONE AND THIS IS
02:11 - 39.720 VITAL FREEMAN SOUGHT.
02:11 - 42.320 THAT IT HAS NO COST TO THAT
02:11 - 44.029 TO THE CASINO. THEY THINK
02:11 - 46.800 IT IS THE SERVICES PROVIDED.
02:11 - 49.289 AND YOUR HONOR NOTED
02:11 - 50.080 IN THE DEFINITION OF
02:11 - 51.969 COMPLEMENTARY SERVICES FOCUSED
02:11 - 54.509 AREAS ON THAT WHICH IS PROVIDED
02:11 - 55.510 BY THE SEA.
02:11 - 57.639 THE COUNCIL THIS IS JUST THE
02:11 - 59.489 FACT THAT MY UNDERSTANDING US
02:11 - 00.100 SETTING
02:12 - 02.999 BASED ON. I HOPE SHE JUST IS
02:12 - 03.740 JUST STARTING
02:12 - 05.899 JUST SAID IF THE PURPOSE IS TO
02:12 - 07.669 FIND IT WITHIN THE 4 WALLS OF
02:12 - 09.950 YOUR CASINO. IT'S A SERVICE.
02:12 - 12.259 EVEN IF A TICKET IS PROVIDED TO
02:12 - 13.560 OBTAIN THOSE SERVICES,
02:12 - 15.929 HOWEVER, IF THE TICKET IS FOR
02:12 - 17.279 SOMETHING OUTSIDE
02:12 - 19.969 THE CASINO. A CONCERT A
02:12 - 21.359 CONVENTION CENTER THERE ARE
02:12 - 24.180 MORE. THE FOOTBALL STADIUM.
02:12 - 25.779 THEREFORE URGE PERSONAL
02:12 - 27.920 PROPERTY OR IF YOU NOT TO SAY
02:12 - 29.690 THEY'RE TRYING TO DISCERN.
02:12 - 34.909 THE STATUE FOCUSES ON WHAT
02:12 - 36.090 THE CASINO DISTRIBUTE.
02:12 - 40.199 IN THESE INSTANCES THAT
02:12 - 41.650 YOU REFERENCE THIS TRAIN.
02:12 - 44.810 A PIECE OF PERSONAL PROPERTY.
02:12 - 47.079 THEY COMPRISE ABOUT TANGIBLE
02:12 - 49.170 AND INTANGIBLE THE PROPERTY,
02:12 - 50.939 THE SERVICES PERFORMED BY
02:12 - 52.729 SOMEBODY ELSE IF THE CASINO
02:12 - 54.569 ACTUALLY PERFORM SERVICES
02:12 - 55.570 INSIDE.
02:12 - 57.519 CASINO THEN OBVIOUSLY THE
02:12 - 58.729 CASINOS DISTRIBUTING THE
02:12 - 59.940 SERVICE IN THAT INSTANCE.
02:13 - 02.910 BUT THERE IS AND INTANGIBLE I'M
02:13 - 05.009 A GUY FINISH THE QUESTION I
02:13 - 07.480 THOUGHT. THERE'S AN INTANGIBLE
02:13 - 08.859 RIGHT THAT HAS
02:13 - 10.459 A VALUE AND THERE'S ALSO A
02:13 - 12.109 SERVICE PROVIDED BY A 3RD PARTY
02:13 - 13.199 AND THAT GETS BACK TO THE WHOLE
02:13 - 14.479 POINT OF WHEN
02:13 - 17.099 A PLAYER IS THE FOCUS FOR THE
02:13 - 18.620 CASINO GIVE TO THE PLAYER.
02:13 - 20.679 WHEN THAT PLAYER THEN TRANSFERS
02:13 - 22.159 THE TICKET THE SOMEBODY ELSE
02:13 - 23.659 WHETHER BY SELLING IT OR GIVING
02:13 - 25.609 IT AWAY. THE SERVICE IS
02:13 - 27.019 ALTERNATELY PERFORMED BY
02:13 - 28.480 SOMEONE OTHER THAN THE CASINO
02:13 - 30.929 AND IT'S. RECEIVED OR
02:13 - 32.539 EXPERIENCE BY SOMEBODY OTHER
02:13 - 34.429 THAN THE WEATHER. IT'S
02:13 - 36.740 SURROUNDED STAYING AND I COULD.
02:13 - 38.809 IT'S TIME TO YOU AGAIN, AND
02:13 - 39.640 YOU KNOW I THOUGHT
02:13 - 41.369 PARTLY BURIED, IT MAY BE
02:13 - 43.149 BEATING THE GET COURT. BUT I
02:13 - 44.220 DON'T FIND IT HELPFUL.
02:13 - 47.000 IT'S TYPICALLY IT
02:13 - 49.250 OKAY SO
02:13 - 51.929 THE CASINO GIVE 80 GRAND A
02:13 - 53.620 TICKET TO GO TO MORE
02:13 - 56.069 IN PHILADELPHIA. WE CAN NO
02:13 - 58.290 RELATIONSHIP TO YOUR SEAT.
02:13 - 00.790 IS THAT EXCLUDED.
02:14 - 04.860 IT'S TYPICALLY LOOTING IS.
02:14 - 08.519 IT WOULD BE NO EXCLUDED IT'S
02:14 - 09.650 BEEN YES, YOUR HONOR.
02:14 - 16.789 THAT BEING SERVED BY OR IN A
02:14 - 19.479 CITY YOU KNOW MANY MANY
02:14 - 22.599 MILES AWAY. I SEE NO IT'S GOING
02:14 - 23.600 TO BE.
02:14 - 27.079 THERE'S NO DISTINCT EYE AND
02:14 - 28.289 THAT SITUATION THAT WOULD BE A
02:14 - 30.289 CLEAR PRETAX THAT WHAT'S GOING
02:14 - 32.779 ON. THERE'S NO. THERE'S NO
02:14 - 35.499 INDEPENDENT VALUE THAT TICKET
02:14 - 39.679 THERE'S NO. HAHA I THINK
02:14 - 40.450 THERE'S A TICKET.
02:14 - 42.959 IT DOESN'T SAY NOT FOR TODAY
02:14 - 44.850 NOT FOR BILL I'M SAYING IT.
02:14 - 46.970 THEIR FOOD AND MORE.
02:14 - 49.389 IT'S 08:00AM IT SEEMS TO ME
02:14 - 50.909 THAT IF JUSTICE TANI WHO IS A
02:14 - 53.749 VEGETARIAN. THERE ARE MORE THAN
02:14 - 55.539 SHE COULD GIVE ME THAT TAKE IT
02:14 - 57.240 AND I COULD GO LEAD TO STAY.
02:14 - 58.830 CORRECT.
02:15 - 03.780 IT JUST DOESN'T CARE.
02:15 - 08.519 THE LEGISLATURE WAYS HIM THING
02:15 - 09.520 TO IT.
02:15 - 13.539 LOU FROM THAT LAKE IS I I I
02:15 - 14.540 DID NOT.
02:15 - 18.149 IF YOU'RE PUTTING DOWN, SO YOU
02:15 - 20.629 SEE THEM FALL IN TRAVEL
02:15 - 21.630 EXPENSES.
02:15 - 24.849 LET'S SAY INSTEAD OF REIMBURSING
02:15 - 27.479 TRAVEL EXPENSES. THE CASINO
02:15 - 30.019 SANDS, A HIGH ROLLER AND
02:15 - 31.999 AIRLINE TICKET. THEY GET THEM
02:15 - 33.000 TO THE CASINO.
02:15 - 35.819 IT IS ARE
02:15 - 38.109 NOT TRANSFERABLE NO I CAN'T BE
02:15 - 40.499 USED BY SOMEONE ELSE. I MEAN IS
02:15 - 43.400 THAT IT UNDER YOUR EYE
02:15 - 46.779 EXCESS, NOT PROBLEMATIC BECAUSE
02:15 - 47.870 IT'S A TICKET.
02:15 - 50.160 THE AIRLINE.
02:15 - 51.799 AN AIRLINE TICKET IS AN
02:15 - 53.549 ACTUAL TRAVEL EXPENSE WHICH IS
02:15 - 56.070 A LIST AND. EXPLOSION.
02:15 - 57.940 IT'S NOT I'M NOT
02:15 - 59.729 TRYING TO FORCE THERE TO GET
02:15 - 02.079 INTO A SERVICE. IT'S ONE OF THE
02:16 - 03.080 LIST OF US JUSTICE.
02:16 - 05.409 BECAUSE THE POINT IS AS MY
02:16 - 06.610 COLLEAGUES OF THE LOOSE DATA.
02:16 - 08.350 THE ISSUE ISN'T.
02:16 - 10.539 ON THE PREMISES
02:16 - 12.389 OR OFF THE PREMISES OR WHETHER
02:16 - 13.609 THERE'S A PIECE OF PAPER THAT'S
02:16 - 15.919 ABOUT YOUR TICKET. IT'S IT'S
02:16 - 18.399 WHAT TRUMP'S THERE IS THAT THIS
02:16 - 19.650 LEGISLATURE SAID.
02:16 - 27.019 SO YOU DON'T MAINTAIN THAT TO
02:16 - 28.020 DOCK.
02:16 - 33.370 BECAUSE THE LEGISLATURE SAID.
02:16 - 43.359 HUMAN ISSUE WHEN BECAUSE IT'S
02:16 - 44.799 IN THE U.S. THERE IS THAT THE
02:16 - 45.230 ARGUMENT.
02:16 - 46.829 THAT IS ULTIMATELY THE
02:16 - 47.920 ARGUMENT YOUR HONOR, YES.
02:16 - 50.989 THE END OF THE DAY THAT IS IF
02:16 - 53.879 WE WOULD SEE THAT IS IT'S IT'S
02:16 - 56.179 AN AMBIGUOUSLY NOT COVERED BY
02:16 - 57.659 SERVICES BUT TO THE EXTENT THAT
02:16 - 59.299 THEY OBVIOUSLY WERE DISCUSSING
02:16 - 00.300 AND DEBATING IT
02:17 - 02.739 AND THERE'S BOUND TO BE SOME
02:17 - 04.799 AMBIGUITY IT HAS TO BE RESOLVED
02:17 - 07.479 IN FAVOR OF THE TAX. WHICH IS
02:17 - 08.380 WHAT THIS COURT HELD IN
02:17 - 09.380 GREENWOOD.
02:17 - 11.899 AND IN REGARD TO THE SAME VERY
02:17 - 12.900 SAME CAUSE.
02:17 - 17.149 AND IF I MAY WANT TO SAY ONE
02:17 - 18.789 MORE THING ON ON THE POINT OF
02:17 - 19.790 REFERENCE.
02:17 - 22.520 AND IT'S IT WAS DISCUSSED
02:17 - 24.609 OBVIOUSLY THE HARM IN CASE
02:17 - 25.829 UNLESS DEFERENCE TO 9
02:17 - 27.620 LEGISLATIVE RULES. IT'S
02:17 - 29.179 THE PARTICULARLY IMPORTANT TO
02:17 - 30.929 NOTE THAT THE DEPARTMENT'S OWN
02:17 - 31.990 REGULATIONS HERE
02:17 - 34.849 AT 61 P A CODE SECTION 3 DIE
02:17 - 35.850 FOR.
02:17 - 38.519 DISCUSSES AND STATES THAT TAX
02:17 - 40.649 BULLETINS ARE QUOTE UNQUOTE FOR
02:17 - 43.349 INFORMATIONAL PURPOSES ONLY AND
02:17 - 44.070 QUOTE SHOULD
02:17 - 47.239 NOT BE IT RELIED ON OR USE IN
02:17 - 48.210 TAX APPEALS
02:17 - 50.969 END QUOTE THE TAXPAYER CANNOT
02:17 - 52.919 RELY ON THIS TASK FORCE IN OR
02:17 - 55.379 USE AN IMPACT FEEL THE COURT
02:17 - 57.720 SHOULD CERTAINLY NOT A 4020.
02:17 - 59.570 MISTER
02:17 - 01.879 SPIRIT BEFORE BEFORE YOU AND I
02:18 - 03.870 JUST WANT TO TRY TO.
02:18 - 07.199 SEE IF IF I'M NOT SURE HOW MY
02:18 - 09.099 COLLEAGUES FOR DOING THAT, BUT
02:18 - 11.210 IF I CAN ACTUALLY UNDERSTAND.
02:18 - 18.319 THE PRINCIPAL. A JURY OF YOUR
02:18 - 20.419 ORGANS. THE BUSH. LET ME JUST
02:18 - 21.579 START QUICKLY WITH WHAT
02:18 - 24.519 YOUR NIGH. YEAH, YOU'RE NOT
02:18 - 26.009 ARGUING THAT IT MAKES ANY
02:18 - 27.890 DIFFERENCE WHETHER THE SERVICE.
02:18 - 30.229 IT'S THAT. THE B
02:18 - 32.899 AND C IS ON SITE ARE OFF IS
02:18 - 33.900 THAT CORRECT.
02:18 - 36.620 IF IT'S
02:18 - 38.329 DISTRIBUTED BY THE CASINO ON
02:18 - 39.849 SITE WE BELIEVE ARE PERFORMED
02:18 - 41.179 BY THAT YOU KNOW I THINK IT
02:18 - 42.460 DOES MAKE IT. YES RIGHT.
02:18 - 45.570 IF YOU'RE REALLY TRIED THIS.
02:18 - 47.729 YOU KNOW WE'VE SEEN DOESN'T
02:18 - 49.040 MAKE ANY DIFFERENCE BECAUSE IT
02:18 - 51.259 CATCH BILL IF IT'S DONE
02:18 - 53.259 DIRECTLY BY THE CASINO MY HYPO
02:18 - 55.259 THE BOSS COMES AND SINGS TO THE
02:18 - 57.690 GAME OR THAT YOU PROVIDE IT.
02:19 - 04.699 I THINK PROVIDING THE TICKET TO
02:19 - 06.379 A SPRINGSTEEN CONCERT. IT
02:19 - 08.349 PROVIDES IN TANGIBLE PERSONAL
02:19 - 10.699 PROPERTY AND ON THE STIPULATE
02:19 - 12.079 STIPULATED RECORD TANGIBLE
02:19 - 13.319 PERSONAL PROPERTY BECAUSE I
02:19 - 15.619 WOULD HAVE THAT TICKET. TRAINED
02:19 - 17.610 ON MY WALL, IT WAS THE BOSS.
02:19 - 19.789 AND FRANK THAT IS A GREAT
02:19 - 21.479 MARKET ON AMAZON FOR TICKETS
02:19 - 22.930 LIKE THAT TO THE SOUTH BUT.
02:19 - 26.429 I SAY THE OPPOSITE WAY LAST
02:19 - 27.600 QUESTION YOU KNOW WHAT.
02:19 - 30.729 TRY IF YOU COULD IT JUST ONE
02:19 - 32.909 SENTENCE OR 2. THEY TELL US
02:19 - 35.210 EXACTLY WHAT A SERVICE. IT IS
02:19 - 36.510 UNDER THE SUSPECT.
02:19 - 39.370 THE SERVICE IS.
02:19 - 47.350 HELP OR ADVICE.
02:19 - 48.769 PROVIDED AND
02:19 - 51.139 PERFORMED DISTRIBUTED WHO BY
02:19 - 52.400 THE CASINO FOR THE PLAYER.
02:19 - 56.469 SO A SPA TREATMENT. THE VALET
02:19 - 57.470 PARKING.
02:19 - 00.569 THE POKER MASSAGE AND THEY
02:20 - 02.010 PROVIDE TO THE POKER PLAYER.
02:20 - 04.549 THOSE ARE SERVICES THAT THE
02:20 - 06.509 CASINO DISTRIBUTES TOO. THE
02:20 - 07.510 FIRE.
02:20 - 08.929 THANK YOU VERY MUCH ANY
02:20 - 09.930 QUESTIONS FOR ANYONE.
02:20 - 12.269 IF THERE'S ONE FOLLOW-UP IN
02:20 - 14.979 PERFORMED. WHY AN EMPLOYEE AT
02:20 - 17.099 THE CASINO IS THAT PART OF YOUR
02:20 - 18.100 QUALIFICATION.
02:20 - 22.259 IT RUINED IT COULD BE BY THE
02:20 - 24.530 CASINO WITH US THAT IS IN PLAY.
02:20 - 29.789 NARROW DEAD. CONTACT IF YOU'RE
02:20 - 30.790 ON.
02:20 - 33.310 BY THAT SCENE.
02:20 - 41.199 THE FIRST THANK YOU VERY MUCH
02:20 - 42.859 THE KURDISTAN RECESS FOR ONE
02:20 - 43.860 HOUR FOR LUNCH.
02:20 - 45.779 THANK YOU YOUR HONOR. THE
02:20 - 46.780 RIGHT ONE.
02:21 - 20.550 SO THE
02:21 - 22.779 NEXT ARGUMENT IS STEVEN PAST
02:21 - 24.189 OWN CHRIS KEATES VERSUS THE
02:21 - 25.999 CITY OF PITTSBURGH ZONING BOARD
02:21 - 27.039 AND NORTHSIDE
02:21 - 28.040 LEADERSHIP CONFERENCE
02:21 - 29.729 REPRESENTING APPELLANTS
02:21 - 30.869 BUSINESS PATRICIA
02:21 - 32.779 HOME REAL REPRESENTING NORTH
02:21 - 34.249 SIDE LEADERSHIP IS MISTER
02:21 - 35.790 STEWART SEE CALLED YOU.
02:21 - 39.390 THE AFTERNOON EVERYONE.
02:21 - 42.660 IT TO YOU. BEFORE THE COURT.
02:21 - 44.170 TO ISSUE.
02:21 - 49.389 THE DECISION ISSUED BY
02:21 - 50.959 THE 5TH. WE'RE SHOWING BOARD
02:21 - 52.739 OF ADJUSTMENT THE REAL THING
02:21 - 54.549 VARIANCES AND EXCEPTIONS TO THE
02:21 - 56.380 NORTH SIDE NEEDED TO COUNCIL
02:21 - 59.409 ALLOWING IT TO THEM. FOREST
02:21 - 01.879 HILLS OF ITS PROPERTY LOCATED
02:22 - 03.629 ON THE CITY ITS FIRST NORTH
02:22 - 04.630 SIDE.
02:22 - 07.249 I TELL HIM SIR CITIZENS MAY
02:22 - 07.860 APPEAR TO THE
02:22 - 09.419 PUBLIC HEARING AND THE
02:22 - 10.579 NORTHSIDE LEADERSHIP TO
02:22 - 12.459 APPLICATIONS AND OPPOSED TO THE
02:22 - 13.969 PLACE THE VARIANCE AND
02:22 - 14.970 EXCEPTIONS.
02:22 - 17.419 THERE'S REMEMBER THERE ARE 3
02:22 - 18.669 MEMBERS IS OWNING BOARD OF
02:22 - 20.109 ADJUSTMENT AND THEY PROVIDED AT
02:22 - 22.429 THE HEARING. ONE MEMBER IT WAS
02:22 - 24.279 LATER DETERMINED WAS ALSO ON
02:22 - 26.159 THE NORTHSIDE LEADERS TO 40
02:22 - 27.349 DIRECTORS AT THE TIME OF THE
02:22 - 29.359 HEARING AND THE DECISION ON THE
02:22 - 30.010 NORTH SIDE.
02:22 - 31.499 THE LEADERSHIP OR ITS
02:22 - 33.179 APPLICATIONS AT THE CONCLUSION
02:22 - 34.180 OF
02:22 - 36.289 DIRECTED TO GET THIS. NO
02:22 - 37.539 FINDINGS OF FACTS AND
02:22 - 38.739 CONCLUSIONS OF LAW FOR
02:22 - 40.669 ADDITIONAL 2 WEEKS. AFTER THE
02:22 - 42.319 TRANSFER THE BILL AFTER
02:22 - 43.339 ADDITIONAL FINDINGS WERE
02:22 - 45.199 SUBMITTED THE NORTH AND AGREED
02:22 - 46.809 SEVERAL CONTINUE INTO THIS
02:22 - 48.729 ZONING BOARD. THE ISSUE HIS
02:22 - 49.170 DECISION.
02:22 - 51.809 THE BOARD. IT IS MORE SIZE
02:22 - 52.900 APPLICATIONS ON
02:22 - 57.319 8/23/2018. THE BOY TO THE STAND
02:22 - 59.139 ON APPEAL BY THE TRIAL COURT IN
02:22 - 00.140 THE COMMONWEALTH COURT.
02:23 - 02.859 FELONS WHO ARE THE CITIZENS
02:23 - 03.530 CHALLENGE THE
02:23 - 05.409 BOARD'S DECISION. ARGUED THE
02:23 - 07.699 DECISION IS BOY FACED A POINT
02:23 - 08.400 OF CONFLICT
02:23 - 10.189 OF INTEREST IN THAT ONE OF THE
02:23 - 11.589 PANEL MEMBERS OF THE ZONING
02:23 - 12.590 BOARD OF ADJUSTMENT.
02:23 - 18.019 SAT ON THE NORTHSIDE LEADERSHIP
02:23 - 19.729 COUNCIL SUMMIT BASES THAT ON
02:23 - 21.200 YOUR SITE LEADERSHIP COUNCILS,
02:23 - 24.039 A BOARD OF DIRECTORS. THEY ALSO
02:23 - 25.219 OPPONENTS ALSO ARGUE THE
02:23 - 26.719 ZONING. HEARING BOARD'S
02:23 - 28.070 DECISION WITH THEM TIMELY
02:23 - 30.349 THERE WAS ISSUED MORE THAN 45
02:23 - 31.769 DAYS FROM THE DATE THAT HEARING
02:23 - 33.710 THE HELP. THE 2 YEARS BEFORE.
02:23 - 41.669 SCHOOL HERE FOR THE NEXT TO
02:23 - 43.629 EXPLAIN I HOPE INTERRUPTED AND
02:23 - 44.550 THEN WE'LL START ASKING
02:23 - 44.930 QUESTIONS.
02:23 - 45.580 OK
02:23 - 47.789 VERY GOOD. THANK YOU YOUR HONOR
02:23 - 50.100 YES, I AM A CRITIC OF THE GRAIL
02:23 - 52.929 REPRESENTING THE PATH AND GAVE
02:23 - 54.510 THE TELLER IN THE MATTER.
02:23 - 57.279 POWER FOR RESPECTFULLY
02:23 - 58.289 REQUESTING THAT THE
02:23 - 00.069 COURT REPORTER REVERSED THE
02:24 - 01.419 DECISION OF THE COMMONWEALTH
02:24 - 03.849 COURT AND OF COURSE THE TRIAL
02:24 - 06.019 COURT AND THE MEDIA AT AS IT
02:24 - 07.890 RELATES TO DECISION DAY.
02:24 - 10.320 WITH REGARD TO THE APPLICATION
02:24 - 11.749 AND THE NORTHSIDE LEADERSHIP
02:24 - 13.389 CONFERENCE WHICH INCLUDED AN
02:24 - 15.039 APPLICATION FOR BOTH VARIOUS
02:24 - 17.779 THE SPECIAL EXCEPTION. OUR PLAN
02:24 - 18.620 IS BASED ON
02:24 - 21.209 TO MATTER. ONE IS THE FAILURE OF
02:24 - 23.709 THE BBA TO RENDER THE DECISION
02:24 - 26.220 WITHIN 45 DAY PUBLIC HEARING.
02:24 - 28.939 AT THE TIME TO BE BE A GOOD
02:24 - 31.619 FRIEND OR A FAKE ID 9 TO 8 C A
02:24 - 33.369 PATH FOR THE DAY OF THE PUBLIC
02:24 - 35.619 HEARING THE SECOND BASIS FOR
02:24 - 37.679 APPEAL IS THAT FACT
02:24 - 39.189 THAT A MEMBER OF THE BOARD OF
02:24 - 41.769 DIRECTORS OF THE APPLE II THAT
02:24 - 43.209 IS MORE SITE LEADERSHIP CALL
02:24 - 44.899 FROM ALL THE SERVICE, A
02:24 - 46.899 4TH MEMBER OF HIS OWN ACCORD,
02:24 - 48.590 THE DEATH OF THE CITY OF PERTH
02:24 - 51.030 AND IN FACT WITH ONE OUT 3.
02:24 - 53.579 THE ONLY BOARD MEMBERS WHO
02:24 - 54.290 STABBED HIM ON
02:24 - 57.069 PUBLIC HEARING AND PARTICIPATED
02:24 - 59.669 IN THE MAKING PROCESS AND DID
02:24 - 00.670 IN FACT.
02:25 - 03.369 THE ULTIMATE DECISION THAT WAS
02:25 - 05.910 ISSUED ALL THE 23RD 2018.
02:25 - 08.969 THE METS MCGRAIL JUSTICE TALK
02:25 - 10.550 JUST A QUICK CLARIFICATION.
02:25 - 13.549 IF WE RULE IN YOUR FAVOR ON
02:25 - 15.950 THE CONFLICT OF ISSUE.
02:25 - 18.579 DO WE STILL NEED IT EVEN
02:25 - 20.570 REACHED A 45 DAY ISSUE.
02:25 - 23.639 IN YOUR VIEW HERE IN MY IN MY
02:25 - 25.280 VIEW YOU DO NOT.
02:25 - 28.469 IT YOU KNOW HER LYING ON BEFORE
02:25 - 30.169 CASE I WANTED TO REALLY GET INTO
02:25 - 32.829 MY ARGUMENT. BUT YOU KNOW THAT
02:25 - 33.960 BEFORE IN WARREN.
02:25 - 37.879 WE'RE HERE IS THE PARENTS OF
02:25 - 39.840 HIM FOR I 4 OFF THE BOAT
02:25 - 42.269 AND JUST THERE'S A DENIAL OF
02:25 - 43.270 THE CROSS.
02:25 - 46.190 AND I BELIEVE THAT THAT BRIGADE
02:25 - 49.069 ALL OUR REQUIREMENTS TO REVERSE
02:25 - 51.080 THE DECISION OF THE 4 BELOW.
02:25 - 56.150 THEY WANT THEM TO GROW ONE OR
02:25 - 58.319 BECAUSE I WAS THE SAME VIEW IS
02:25 - 00.609 JUST THE THOUGHT IF YOU ARE IN
02:26 - 03.419 YOUR A CONFLICT OF INTEREST IF
02:26 - 05.489 YOU FIRST AND MAKE SURE WE GET
02:26 - 06.839 THIS FULLY VETTED BECAUSE I
02:26 - 09.029 THINK THAT BEFORE WE GET INTO
02:26 - 10.929 THE TIMING IS RIGHT FOR WE
02:26 - 12.029 WOULD HAVE GRANTED ON THAT
02:26 - 14.579 ALONE. WE'RE GOING TO HAVE
02:26 - 17.249 TO EXPLORE. THIS CONFLICT OF
02:26 - 18.420 INTEREST IN THE RESULT.
02:26 - 21.589 IT IS SAFE TO SAY THAT THEY
02:26 - 24.920 HAVE THE FLOOR. YOU DID NOT SAY
02:26 - 27.479 THE WILLIAMS CASE FROM THE
02:26 - 28.990 UNITED STATES SUPREME COURT
02:26 - 31.350 WHICH INVOLVED OUR COURT.
02:26 - 34.879 INVOLVED DIED. CHIEF JUSTICE
02:26 - 36.759 TEST FEEL WHO HAD PREVIOUSLY
02:26 - 37.989 BEEN THE DISTRICT ATTORNEY OF
02:26 - 40.729 PHILADELPHIA COFFEE. IT MADE AT
02:26 - 42.169 THIS LATE IN THE SEASON
02:26 - 43.990 REGARDING THE DEATH PENALTY.
02:26 - 44.580 HE CAN
02:26 - 46.529 DO THAT. THEN SUBSEQUENTLY SAID
02:26 - 48.369 ON OUR COURT BEFORE WE DO A
02:26 - 49.649 REVIEW OF ALL DEATH PENALTY
02:26 - 50.749 CASES AND HE WAS INVOLVED
02:26 - 52.489 IN THAT THE U.S. SUPREME COURT
02:26 - 54.259 CALLED THAT STRUCTURAL AIR
02:26 - 56.289 THE VIDEO. INSTEAD IT'S A
02:26 - 58.189 DEPRIVATION OF THE PROCESS AND
02:26 - 00.270 REALLY MEANT THAT I.
02:27 - 03.729 I I THINK THAT CASE
02:27 - 05.760 MAY BE PRESIDENTIAL OF THIS.
02:27 - 10.799 JUSTICE PARA CASE WAS
02:27 - 12.250 ADDRESSED IN THE BREEZE.
02:27 - 13.999 MAYBE I'M NOT I'M NOT AN
02:27 - 17.389 EITHER THE WALL IS THAT IT'S A
02:27 - 18.979 CASE THAT. WELL WE
02:27 - 21.049 MAY NOT IMPACTED ASKED WELL YOU
02:27 - 21.460 MAY NOT
02:27 - 24.139 AGREE HOLDING. YOU KNOW THE
02:27 - 25.749 PRECEDENT FROM THE U.S. SUPREME
02:27 - 27.800 COURT VERY SIMILAR SITUATION.
02:27 - 31.480 AND AND I AGREE THAT IN FACT
02:27 - 33.000 ALERT.
02:27 - 36.519 THE PUBLIC HEARING WAS HELD ON
02:27 - 37.520 MAY 17.
02:27 - 39.939 2018 THAT HEARING
02:27 - 42.369 WITH POWELL IN FRONT OF THE
02:27 - 44.510 COUNTY BOARD OF THE CITY OF 54.
02:27 - 46.610 IT WAS COMPRISED OF 3 MEMBERS.
02:27 - 48.840 AND RICHARD.
02:27 - 50.749 IF ALL AND I WILL
02:27 - 53.230 REFER TO THERE HAS BEEN A FALL,
02:27 - 54.300 THE FORWARD.
02:27 - 57.009 THEY CAN BE SITTING ON THE
02:27 - 59.150 PUBLIC HEARING AND HEARD.
02:28 - 02.789 THE PRESENTATION BY THE APPLE
02:28 - 03.630 II AS WELL
02:28 - 06.459 IT'S PERFECT THE OBJECTION ALL
02:28 - 07.689 THE INTERESTED PARTY WERE
02:28 - 09.190 PRESENT AT THE TIME THE HEARING.
02:28 - 12.719 SHE PARTICIPATED AT HEART THE
02:28 - 13.720 RECORD.
02:28 - 16.920 THE WAY THROUGH THIS PROCESS.
02:28 - 19.879 MANY HIGH
02:28 - 22.529 IN ALTERNATE. IT IS AVAILABLE
02:28 - 23.530 OR.
02:28 - 25.159 APPOINTMENT WHEN THERE IS A
02:28 - 28.139 CONFLICT BASKETBALL. AT THE
02:28 - 29.140 PUBLIC HEARING
02:28 - 32.109 THE NORTH. IT IS IT EVIDENT IN
02:28 - 34.079 ANY PART OF THE RECORD THAT SHE
02:28 - 36.369 DISCLOSED. THEY SHOULD BE WELL
02:28 - 38.409 THE POSITION ON THE APPLE
02:28 - 41.059 II 4. AND IN FACT WHEN THE
02:28 - 42.970 ULTIMATE DECISION WHICH ENTERED
02:28 - 44.690 AND FOR THEM ARE IN.
02:28 - 46.919 THE APPLICATION HAD ALREADY
02:28 - 47.950 BEEN THE GUY.
02:28 - 50.049 BUT WHEN THE FORD DID WITH THE
02:28 - 53.649 OPINION ON 8/24/2018. SHE WAS A
02:28 - 54.650 SINGAPORE.
02:28 - 58.980 IN OUR VIEW.
02:29 - 00.930 ANYTHING
02:29 - 03.479 CLEAR HEY WHERE THERE IS AN
02:29 - 04.760 APPARENT ALL.
02:29 - 09.009 AND POTENTIALLY THE IT WILL
02:29 - 11.509 PREJUDICE. THE FULL 4 COURSE
02:29 - 13.349 DIDN'T SEE IT THAT WAY AND
02:29 - 14.989 I BELIEVE THEY OWN THEIR
02:29 - 16.739 DECISION THAT WAS DUE IN PART
02:29 - 17.879 TO THE FACT THAT THERE ARE
02:29 - 20.100 FREE. THE NUMBER OF THE EPA.
02:29 - 22.090 2 OF THE 3 BOARD HAVE BEEN.
02:29 - 28.649 IF THE APPLICATION BODY FAT. I
02:29 - 31.149 WILL BE THAT FORM FIRST THE JOB
02:29 - 33.379 BUT STILL FALL THOUGH, SAYS
02:29 - 34.990 OTHERWISE THE HOLDING HIM BACK
02:29 - 37.430 OKAY. AND AS I READ IT.
02:29 - 43.670 IT IS NOT NECESSARY TO GO BACK.
02:29 - 45.499 WE'LL CALL IT IS
02:29 - 48.439 ONLY NECESSARY. THE SHOW THAT
02:29 - 49.440 THERE WAS A
02:29 - 52.619 COUNCIL PRESIDENT OR AT A
02:29 - 54.730 DIRECT CONFLICT IN THIS CASE.
02:30 - 00.680 THE
02:30 - 02.539 COURTSIDE LEADERSHIP. OFTEN IN
02:30 - 04.459 THE OUTCOME OF THE EVENING
02:30 - 05.680 BEFORE THE MEDIA.
02:30 - 08.339 IF YOU'RE WITHIN A PAIR OF THE
02:30 - 10.259 PRESIDENT'S HEART, HI, A
02:30 - 12.579 FIRST EDITION ON THE NORTHSIDE
02:30 - 14.130 LEADERSHIP CONFERENCE BOARD.
02:30 - 21.669 IT MAY NOT HAVE BEEN NO THE
02:30 - 22.940 OTHER BOARD MEMBER, THE
02:30 - 26.079 ZONING BOARD. THE MEMBER I'M
02:30 - 27.639 NOT AWARE NOTHING IS OFF THE
02:30 - 29.399 RECORD THAT WOULD INDICATE THAT
02:30 - 30.829 THEY WOULD HAVE BEEN MADE AWARE
02:30 - 32.289 OF THE CONFLICT. BUT
02:30 - 33.490 NONETHELESS WE HAVE.
02:30 - 37.309 REPEATING LEARNED THAT THIS
02:30 - 39.050 INDIVIDUAL WAS A MEMBER.
02:30 - 41.469 THE BOARD OF THE NORTH SIDE
02:30 - 43.229 LEADERSHIP CONFERENCE AND WE
02:30 - 46.119 BELIEVE THAT UNDER 4 K THAT
02:30 - 48.229 IS SUFFICIENT. THE MEDIA IS A
02:30 - 49.759 GOVERNMENTAL BODY CHARGED WITH
02:30 - 50.929 CERTAIN DECISION-MAKING
02:30 - 51.930 FUNCTION.
02:30 - 53.839 THE PARTY IF YOU LIKE IT THERE
02:30 - 56.249 IS NO ISSUE FACTUAL ISSUE AS TO
02:30 - 59.299 WHETHER POT, THE OCCUPY A SEAT
02:30 - 00.599 ON THE NORTHSIDE LEADERSHIP
02:31 - 02.419 CONFERENCE BOARD. SHE
02:31 - 03.819 SHOULD HAVE THE QUALIFIED
02:31 - 05.559 HERSELF TO THE PAINTING IN THIS
02:31 - 06.809 ACTION IN FACT, THE
02:31 - 09.399 COMMONWEALTH COURT INDICATED IN
02:31 - 11.109 THERE THAT THEY HAD THAT HE
02:31 - 11.600 SHOULD HAVE.
02:31 - 14.460 THE APP AND THE BELL INDICATED,
02:31 - 15.350 THAT
02:31 - 17.759 SHE IF THAT THAT HE DID IN FACT
02:31 - 19.589 HAVE A CONFLICT OF INTEREST BUT
02:31 - 21.859 THAT IT DID NOT AFFECT IT IN
02:31 - 24.199 THEM. THE HOUR. OF THOSE
02:31 - 25.200 PROCEEDINGS.
02:31 - 32.739 THEY HELPFULLY THAT EVEN THE
02:31 - 34.709 APPEARANCE OF IMPROPRIETY THE
02:31 - 36.310 APPEARANCE THE POSSIBLE THREAT.
02:31 - 41.219 IS CALLED IT TOO PLAY IN THE
02:31 - 44.570 SITUATION. CONFLICT OF INTEREST.
02:31 - 49.669 ON THE MAKING PROCESS BY THE
02:31 - 51.000 OTHER MEMBERS OF THE BOARD.
02:31 - 53.660 AND WE HAVE NO WAY OF KNOWING.
02:31 - 54.140 WHAT
02:31 - 56.319 IT HEARD THE DELIBERATIONS WERE
02:31 - 57.339 BOUGHT PART OF THE PUBLIC
02:31 - 59.769 RECORD. ALL WEEK OR
02:31 - 02.089 WE'RE ALL IF WHAT FOR ON AT THE
02:32 - 04.589 MAY 17 HEARING. WE'RE AWARE THAT
02:32 - 06.489 THERE WAS THE MISSION ALL ON
02:32 - 09.159 THE BACK AND THE LAW THAT WE'RE
02:32 - 11.789 DOING WELL. WE WERE AWARE THAT
02:32 - 14.019 A NOTHER. THAT A REQUEST FOR
02:32 - 15.230 CONTINUING TO GO IN
02:32 - 18.239 JULY 27 AND THAT A DECISION
02:32 - 20.619 WITHOUT THE ULTIMATELY MAY IN
02:32 - 21.010 AUGUST.
02:32 - 24.199 A REAL EYE SHE JUST A VERY
02:32 - 24.450 YOUNG.
02:32 - 25.719 I THINK WE UNDERSTAND THE
02:32 - 30.279 POINT GUARD. INTO THE MOVE ON
02:32 - 31.749 BUT THAT I'D LIKE
02:32 - 34.389 TO KNOW IF YOU FAIL ON
02:32 - 36.029 THAT POINT WE'RE GOING TO GET
02:32 - 37.389 TO THE SECOND ISSUE WE
02:32 - 39.570 DISCUSSED. WHAT DO WE DO.
02:32 - 41.670 THERE WE REMAIN THE CASE.
02:32 - 42.900 YOU MENTION
02:32 - 47.069 THEY ALL CREW MEMBER COULD BE
02:32 - 48.179 APPOINTED TO TAKE
02:32 - 51.219 HIS PLACE THAT PRESUMES RE NEW
02:32 - 52.959 MEMBERS COULD BE APPOINTED TO
02:32 - 54.380 TAKE THE PLACE OF IS FOR.
02:32 - 57.949 IF WE DO WE VACATE IN DEMAND
02:32 - 00.029 FOR REHEARING THAT OF COURSE IS
02:33 - 01.119 WHAT THE UNITED STATES SUPREME
02:33 - 02.359 COURT DID DO IN THE WILLIAMS
02:33 - 03.360 CASE.
02:33 - 06.469 DO YOU GET WHEN IT'S OVER WHAT
02:33 - 07.470 HAPPENS.
02:33 - 09.829 IF YOU'RE ON OR WHAT I
02:33 - 11.980 BELIEVE THAT A READING MAN.
02:33 - 16.800 THERE IS
02:33 - 19.169 FOR ALL IN THIS CASE, BUT I
02:33 - 21.879 ALSO BELIEVE THAT IT WOULD NOT
02:33 - 22.640 BE A PREMIUM
02:33 - 24.789 TO AFFORD THAT INCLUDED THE 3
02:33 - 26.579 INDIVIDUALS WHO PARTICIPATED IN
02:33 - 28.949 THIS CASE. I BELIEVE THAT ALL
02:33 - 31.039 3. THE ONLY
02:33 - 33.159 4 MEMBERS. IT WOULD NEED TO
02:33 - 35.829 BE OKAY AND THE PROCESS WOULD
02:33 - 36.830 HAVE TO BEGIN AGAIN.
02:33 - 39.720 AND IN YOU'RE TELLING US.
02:33 - 42.330 THE RECORD THERE IS A PROCESS
02:33 - 45.029 IN THE CITY BY WHICH SOME
02:33 - 46.629 CITY ADMINISTRATOR CAN APPOINT
02:33 - 48.400 3 NEW PEOPLE. IT'S ABSURD.
02:33 - 51.689 I BELIEVE THAT THAT IS TRUE
02:33 - 53.849 AND I DON'T HAVE A AND YOU KNOW
02:33 - 54.440 I CAN PLAY
02:33 - 56.059 WITH SECTION AND THE COUNTY
02:33 - 57.339 HEALTH, BUT IT TYPICALLY
02:33 - 59.670 THROUGH IT AND WHAT IT ALSO.
02:34 - 03.599 VERY TYPICALLY TRUE AND AT IT
02:34 - 05.319 DOES. THEY HAVE BEEN INVOLVED
02:34 - 06.320 IN MATTER BEFORE THAT.
02:34 - 08.349 WELL COURT THEY LIKE MOST
02:34 - 10.669 STUNNING BOARD AT ALL EXACTLY
02:34 - 11.670 THAT.
02:34 - 18.169 THEY ARE LIKELY IN THE FORWARD
02:34 - 19.490 PART TIME WHEN THE ARGUMENT.
02:34 - 20.840 IT'S JUST A BIT.
02:34 - 24.969 IT OUT OF THE GREAT EVERYONE
02:34 - 26.599 IS ALREADY AWARE OF THE TIE
02:34 - 27.899 BREAK WITH REGARD TO THE
02:34 - 30.279 PROCEEDING. THERE IS
02:34 - 32.400 CASE LAW THAT WE THINK IT'S AT
02:34 - 34.339 WE HAVE A DOUBLE WHAT
02:34 - 36.150 OCCURRED HERE. WE HAD A HEARING
02:34 - 40.109 5/17/2018. THE 45 DAYS FROM
02:34 - 43.110 THAT DATE JULY 1ST 2018.
02:34 - 46.280 IN
02:34 - 49.089 2018. IT WAS THE TURN OF THE
02:34 - 51.179 CITY OF 4 NEW YORK MEN, THEY'RE
02:34 - 52.200 WHAT THE BEING DENIED.
02:34 - 55.749 IS GOING TO ARGUE I THINK
02:34 - 59.179 MISTER MALVO ARE YOU. IN
02:34 - 01.609 THIS CASE. THE TIME THE 45 DAY
02:35 - 02.610 BEGAN TO RUN
02:35 - 04.479 AT THE STATED MISSION OF THE
02:35 - 06.209 LEGAL ARGUMENTS, INCLUDING THE
02:35 - 07.530 BLOCK BEHIND THE BACK.
02:35 - 09.929 I THINK THERE FOR THE TAKING
02:35 - 11.759 WITH IT FOR THE LOWER MOUNT
02:35 - 13.799 HAVE TO BE VERY BORED WHERE IS
02:35 - 16.389 ALL THAT HE CLEARLY IN FAVOR OF
02:35 - 17.840 THE PALATE IT IS.
02:35 - 22.180 JEFF YOU HAVE A PROVIDE
02:35 - 24.750 THOUGH THE INDIA DOWNING COURT
02:35 - 26.290 OF I THAT HE DID
02:35 - 28.679 45 DAYS FROM THE DAY THAT THE
02:35 - 31.009 PUBLIC HEARING IF THEY MAKE THE
02:35 - 32.370 MAKING A LEGAL ARGUMENT.
02:35 - 34.559 DO NOT CONSTITUTE A
02:35 - 36.099 CONTINUATION OF THAT PUBLIC
02:35 - 37.590 HERE THE ONLY.
02:35 - 41.549 IF THERE IS AN AGREEMENT ON THE
02:35 - 42.550 RECORD.
02:35 - 44.950 THE GRANT THE BABY AND THEN.
02:35 - 46.989 FOR PURPOSES OF RENDERING A
02:35 - 49.519 DECISION AND THAT IS AT THAT IN
02:35 - 50.060 THIS IN
02:35 - 52.459 THIS CASE. IF YOU COUNT ONLY
02:35 - 53.850 GOING TO GET I WILL I WILL PLAY
02:35 - 55.130 LABOR MY POINT.
02:35 - 00.399 ALL OLD TAPE APPLIED IN THE BIN
02:36 - 01.400 AND IN THAT CASE.
02:36 - 04.000 IT WAS ON THE 46. THEY.
02:36 - 07.310 THE DEATH TOLL IN BOARD.
02:36 - 10.489 IF YOU DID THE STATION. THE THE
02:36 - 11.730 HONORABLE COURT SAID NO.
02:36 - 13.859 NOW THAT DEATH. IF YOU DON'T
02:36 - 15.970 GET TO GET 45
02:36 - 20.469 AND YOU KNOW I I I FEEL LIKE I
02:36 - 21.879 WOULD BE REMISS IF I DIDN'T
02:36 - 23.219 JUST 3 TO COME FROM THE
02:36 - 26.359 BEGINNING BOYLE K WE SAID IN
02:36 - 29.719 THE IN THE 5TH FOR THERE ACTION
02:36 - 31.410 BUT IT DOES WITHOUT THAT KIND
02:36 - 32.240 WORTH IT.
02:36 - 34.549 THE TERMINATION A GORE COULD
02:36 - 35.689 EFFECTIVELY PREVENT THE
02:36 - 37.209 DIRECTION OF THE TO PRESSURE
02:36 - 40.059 THE WHOLE PROCESS. A BLOKE
02:36 - 41.829 YOU'RE REAL. LOWLY WHILE
02:36 - 43.789 FIGHTERS OF IN A HOME WITH A
02:36 - 45.349 BIG DIFFERENCE OVER PENDING
02:36 - 47.499 PUBLIC PROBLEM. THERE ARE
02:36 - 49.459 LANGUAGE AND I THINK CONVEYS
02:36 - 51.439 THE POINT THE DEADLINE FOR
02:36 - 53.589 THERE FOR HER. IN THE CITY A
02:36 - 55.750 PICK FOR IT COULD BE IN DENIAL
02:36 - 57.619 TO STOP SOMETHING
02:36 - 59.779 FROM HAPPENING THAT PERHAPS IN
02:36 - 03.289 A IN A PENSION. UNABLE TO
02:37 - 04.869 GO FORWARD AND THEY'RE GOING TO
02:37 - 06.439 GET HEALTHY AND LOADED THE
02:37 - 08.450 DEATH OFFICE. IF THE PROBE.
02:37 - 14.389 AN ARGUMENT YOU AND I WHO MAY
02:37 - 16.559 HAVE BEEN IN ERROR IT BECAUSE
02:37 - 18.629 OF YOU THE VEIL ON THAT
02:37 - 21.070 ARGUMENT IT GET A TEAM IN NILES
02:37 - 22.730 THERE IS NO NEED FOR REMAINS.
02:37 - 28.599 IF YOU'RE ON OR YOU'RE YOU'RE
02:37 - 29.600 RIGHT.
02:37 - 32.829 I THINK WHAT I I I STRUGGLE
02:37 - 34.070 WITH IT. THOUGH.
02:37 - 38.910 IF I DID THEY CONFLICT.
02:37 - 41.880 WHY COULDN'T IT. OKAY.
02:37 - 45.099 FOR HELP WITH THE APPLICATION
02:37 - 46.799 OF BED AND GO BACK AGAIN WITH
02:37 - 47.800 THE PROJECT.
02:37 - 53.719 YOU PLAY MY CLIENT FOR THE
02:37 - 54.720 OBJECTORS.
02:37 - 57.150 WE HOPE THE PROJECT.
02:37 - 59.559 I WOULD LIKE TO TAKE THAT HARD
02:37 - 01.099 AND FAST DECISIONS THAT THAT
02:38 - 03.379 THAT IF THE DENIAL AND WE
02:38 - 04.430 BENEFITED FROM IT.
02:38 - 07.189 I JUST WANT TO JUST ONE OTHER
02:38 - 08.509 POINT THAT IS RAISED BY THE
02:38 - 09.510 POLICE.
02:38 - 12.450 THERE IS NOT PRECEDENT.
02:38 - 17.360 RATHER THAN AN ATHLETE.
02:38 - 20.109 TO RAISE THE ISSUE OF IT
02:38 - 22.400 BEING DENIAL OR THE PRO BOWL.
02:38 - 24.909 BUT WHAT THE COUNTY CODE DOES
02:38 - 26.390 THE CITY OF PITTSBURGH AND.
02:38 - 29.070 AND THEN IT FELT PRETTY COLD.
02:38 - 32.489 INTERESTED PARTY IN THE SAME
02:38 - 34.619 WAY THAT THE APPLICANT ARE
02:38 - 36.959 PROTECTED AND AS A RESULT OF
02:38 - 37.960 THAT.
02:38 - 39.520 IT IS
02:38 - 41.979 OUR POSITION THAT AN INTERESTED
02:38 - 43.770 PARTY RECEIVED THE BENEFIT.
02:38 - 50.609 A BREATH, THE CITY FOR THE CODE
02:38 - 51.610 INTENDED.
02:38 - 54.379 LIKELY TO ONLY APPLY TO
02:38 - 56.649 APPLE FANS. IT IS OUR POSITION
02:38 - 57.650 THAT IT WITH THAT.
02:38 - 59.749 AND IT DOES LOT AND
02:38 - 01.390 INTERESTINGLY IT DOES NOT.
02:39 - 04.549 LANGUAGE THAT EFFECT IN THE
02:39 - 05.580 VALLEY PLANNING PARTY.
02:39 - 18.869 I'M SORRY I COULD NOT GET A
02:39 - 21.069 NEW DAWN. THANK YOU VERY MUCH
02:39 - 22.399 THERE BEING NO QUESTION WE'LL
02:39 - 24.200 HEAR FROM MISTER GO.
02:39 - 31.559 I AM HERE THIS AFTERNOON ON
02:39 - 33.129 BEHALF OF THE NORTH SIDE
02:39 - 34.769 LEADERSHIP CONFERENCE AND ON
02:39 - 36.189 BEHALF OF ALL THE PELLYS
02:39 - 38.399 THIS MATTER. WE'RE ASKING THIS
02:39 - 39.789 COURT TO AFFIRM THE DECISIONS
02:39 - 39.940 OF THE
02:39 - 41.449 COMMONWEALTH COURT COURT OF
02:39 - 43.199 COMMON PLEAS IN THE CASE FOR
02:39 - 45.399 SENDING MORE THAN JUST MONEY IS
02:39 - 46.460 THIS COURT IS AWARE
02:39 - 47.739 THIS ACTION ARISES FROM A
02:39 - 49.239 DECISION APPROVING VIOLATED TO
02:39 - 50.459 RELIEVE INCLUDING SPECIAL
02:39 - 53.129 EXCEPTIONS VARIANCES TO ALLOW
02:39 - 56.319 WORSE A TO REHABILITATE A
02:39 - 57.320 BLIGHTED
02:39 - 58.749 IS STILL HIGH STREET ON THE
02:39 - 59.600 NORTH SIDE OF THE CITY
02:39 - 01.529 OF PITTSBURGH AND SUBSTANCE OF
02:40 - 03.149 THOSE GRANTS BELIEVE IS NOT AN
02:40 - 05.539 ISSUE TODAY. THE 2 ISSUES ON
02:40 - 07.459 WHICH HAS CREATED IN 19 REALLY
02:40 - 08.919 PRESENTS A BASSIST DISTRIBUTE
02:40 - 09.920 JUDGMENT BELOW.
02:40 - 12.299 FIRST AS THIS COURT HAS NOTED
02:40 - 13.749 THAT THERE IS A QUESTION OF
02:40 - 15.289 CONFLICT OF INTEREST IN ON THAT
02:40 - 16.619 QUESTION DUE TO THE NATURE OF
02:40 - 17.710 THE INTERESTS OF ALL
02:40 - 19.249 THIS QUESTION FOLLOW ITS OWN
02:40 - 21.389 REASONING IN PRIOR CASES AND
02:40 - 22.539 PERSUASIVE REASONING OF THE
02:40 - 23.540 COURT BELOW.
02:40 - 25.440 ON THE RECORD HERE. THERE'S
02:40 - 27.079 SIMPLY NO POTENTIAL FOR DAMAGE
02:40 - 27.740 TO THE
02:40 - 30.049 APPELLANTS INTERESTS AND WE SAY
02:40 - 31.769 THAT ABOUT HOW CAN YOU SAY THAT
02:40 - 32.970 AFTER WILLIAMS WORST SENSE
02:40 - 36.679 SO TO SAY JUST IN THE ANSWER,
02:40 - 37.390 BUT I THINK YOU'RE WRONG.
02:40 - 39.160 IF YOU LOOK AT IT IN AND SAID.
02:40 - 40.709 THE CHIEF JUSTICE'S DESCRIBE
02:40 - 41.260 THE CASE
02:40 - 43.119 IF YOU LOOK AT THE INTERESTS
02:40 - 44.409 THAT ARE INVOLVED HERE THAT IS
02:40 - 46.389 A DEATH PENALTY CASE HAS BEEN
02:40 - 47.390 DESCRIBED.
02:40 - 49.429 IN THIS CASE, THE INTEREST OR
02:40 - 50.760 GREATLY REDUCED FROM THAT.
02:40 - 54.769 AND WE DIFFERENT DUE PROCESS
02:40 - 55.770 OF LAW.
02:40 - 58.939 THE CASE IS THAT IT IS FOR
02:40 - 00.219 PROCEEDINGS OF THIS TIME I
02:41 - 01.319 THOUGHT THERE WAS ONLY ONE
02:41 - 02.320 PROCESS.
02:41 - 03.580 THERE IS THERE IS A DUE
02:41 - 04.899 PROCESS CLAUSE BUT YOU'RE RIGHT
02:41 - 05.929 IT'S A QUESTION OF THE
02:41 - 07.419 PROCEDURAL DUE PROCESS, THE
02:41 - 09.300 RULE HAS ALWAYS BEEN BEDS.
02:41 - 10.010 THE.
02:41 - 11.290 DUE PROCESS TO WHICH THE
02:41 - 12.290 PARTY IS ENTITLED.
02:41 - 13.440 IT IS.
02:41 - 16.149 TO KABUL OR AT LEAST JUST
02:41 - 17.439 DOUBLE BASED ON THE NATURE OF
02:41 - 18.560 INTERESTS THAT ARE INVOLVED.
02:41 - 20.049 THAT WE NEED TO LET IT ROLL
02:41 - 21.379 WE NEED A LESS NEUTRAL FACT
02:41 - 23.019 FINDER IN THESE PROCEEDINGS
02:41 - 23.800 THAT WE DO IN OTHER
02:41 - 26.199 PROCEEDINGS. YOU THE BACK LINE
02:41 - 27.200 DURING THE PROCEEDING.
02:41 - 28.639 IT'S NOT YOU CAN HAVE A
02:41 - 30.349 GLUTEN FACT FINDERS THAT IF YOU
02:41 - 31.859 HAVE A LEAD IN FACT FINDER YEAR
02:41 - 35.689 AND MORE. YOU NEED TO LOOK MORE
02:41 - 36.969 CLOSELY AT WHAT THE EFFECT OF
02:41 - 38.470 HAVING A FACT FINDER IS
02:41 - 39.630 THEY'RE NOW.
02:41 - 42.969 IN 1975 THIS COURT HAS HELD
02:41 - 46.409 IN THE GORE CASE. ANY TRIBUNAL
02:41 - 48.559 PERMITTED BY LAW. OUR CASE IS
02:41 - 51.070 IN FINE TROUBLE. IT'S NOT ONLY.
02:41 - 52.300 THE UNBIASED.
02:41 - 55.129 BUT MOST OF THE WAY EVEN THE
02:41 - 56.240 APPEARANCE OF IT.
02:41 - 58.889 SO FOLLOWING UP ON JUSTICE
02:41 - 01.599 PRESS QUESTIONS SINCE 1975 THIS
02:42 - 01.980 COURT
02:42 - 04.729 HAS HELD THAT PEOPLE HE RUNS OF
02:42 - 06.669 BIAS IS ENOUGH EVEN WITHOUT THE
02:42 - 08.049 FINDING OF PREJUDICE HAVE YOU
02:42 - 09.170 OVERCOME THAT HURDLE
02:42 - 11.389 AND OUR PRECEDENT OF LONG
02:42 - 11.780 STANDING.
02:42 - 13.369 WELL, I LOOK DIRECTLY TO THE
02:42 - 15.789 COURT CASE JUST YESTERDAY AND I
02:42 - 17.949 KNOW THAT A COURT CASE INVOLVES
02:42 - 18.950 A E.
02:42 - 21.369 AND BOROUGH SOLICITOR MUNICIPAL
02:42 - 23.119 SOLICITOR WHO IS ALSO ACTING AS
02:42 - 24.989 PRESIDING OFFICER, THE RULING
02:42 - 26.240 ON EVIDENCE OF THE HEARING.
02:42 - 30.579 AND BY AND ACTING AS AN
02:42 - 31.980 ADVOCATE FOR ONE OF THE PARTIES.
02:42 - 34.519 AND THAT'S VERY DIFFERENT TO
02:42 - 36.059 MEMBER SITUATION LIKE THIS IN
02:42 - 38.139 FACT WHAT THE COURT CASE SAYS
02:42 - 39.469 OR WHAT THIS COURT SAID
02:42 - 41.059 IN COURT. THIS IS THIS CASE,
02:42 - 42.549 ESPECIALLY DISSIMILAR FROM
02:42 - 44.169 GARDNER VERSUS REPASS KEY WHICH
02:42 - 46.219 IS THE 1969 DECISION OF THIS
02:42 - 48.459 COURT THAT INVOLVED A MOMENT
02:42 - 50.589 NEVER PANEL AND IN THAT CASE
02:42 - 53.630 WITH GUARDED REVERSED
02:42 - 56.729 IN POSITION OF SANCTIONS AND
02:42 - 58.529 PUNISHMENTS AGAINST THE POLICE
02:42 - 59.090 OFFICER WHO
02:42 - 00.929 IS INVOLVED. THEY DID SO ON THE
02:43 - 02.180 BASIS THAT THE POTENTIALLY
02:43 - 06.789 THE CAST THE DECIDING VOTE IN
02:43 - 09.369 THE 2 ONE DECISION. THAT'S
02:43 - 11.209 THE SAME POLICY THAT THIS COURT
02:43 - 12.609 HAS FOLLOWED THE FORCES OF THE
02:43 - 14.960 RIVERWALK CASINO CASE IN 2007.
02:43 - 16.820 AND IT'S
02:43 - 19.319 ON AND IN THAT CASE IN
02:43 - 21.539 RIVERWALK THIS LOOKED DIRECTLY
02:43 - 22.500 TO THE COMMONWEALTH COURT'S
02:43 - 24.160 DECISION AND IS IT IN
02:43 - 26.649 2003. AND
02:43 - 28.069 LOOK AT THE END OF THE GIRLS
02:43 - 29.849 YOUNG LOCATION 90 NEED TO IS
02:43 - 31.030 ALSO TO THE SAME EFFECT.
02:43 - 33.219 SO WITH RESPECT YOUR HONOR I
02:43 - 34.489 DON'T THINK IT'S ACCURATE TO
02:43 - 35.100 THE POTENTIAL
02:43 - 37.419 FOR ANY INTENTIONALLY INFLICTED
02:43 - 38.769 FACT FINDER THIS EERILY
02:43 - 40.440 MANDATES THAT IS THE CASE.
02:43 - 42.030 I THINK IT WAS GOING DOWN.
02:43 - 43.780 CORRECT ME IF I'M WRONG
02:43 - 45.719 WE'RE TALKING. BURDEN FALL
02:43 - 48.069 VOTED TO GRANT THE NLC VARIANCE
02:43 - 49.070 OF SUCH A REQUEST
02:43 - 51.369 AS WELL AS BEING A MEMBER OF
02:43 - 52.720 THE BOARD FOR WHICH REQUESTED
02:43 - 55.369 SHARE WITH ME. HOW BACK DOES
02:43 - 58.299 NOT DISTINGUISH. THAT ASIDE
02:43 - 59.449 FROM ALL THE CASES YOU
02:43 - 00.450 JUST CITED.
02:44 - 01.969 I THINK GOOD FOR LET'S LOOK
02:44 - 03.009 AT THE RIVER WALK CASE YOUR
02:44 - 04.019 HONOR I THINK THE FIRST THING
02:44 - 05.870 TO POINT OUT THERE IS THAT.
02:44 - 08.499 THIS COURT CHOSE NOT TO ADDRESS
02:44 - 09.719 THE QUESTION OF WHETHER THE 2
02:44 - 11.129 POTENTIALLY CONFLICTED MEMBERS
02:44 - 12.789 OF THAT THE GAMING
02:44 - 14.739 CONTROL BOARD WE'RE ACTUALLY
02:44 - 16.259 CONFLICTED IN STAND THIS COURT
02:44 - 17.439 LOOK AT THE KIDS A CASE AND
02:44 - 19.379 SAID YOU KNOW REGARDLESS OF
02:44 - 20.340 WHETHER THEY'RE CONFLICTED OR
02:44 - 21.340 NOT.
02:44 - 22.920 WE'RE SIMPLY
02:44 - 25.549 GOING THERE'S NO POTENTIAL FOR
02:44 - 26.780 THEM TO MAKE A DIFFERENCE HERE
02:44 - 29.760 AND YEAH AND YOU SAY THAT
02:44 - 31.699 WILLIAMS I MEAN, AT LEAST SINCE
02:44 - 32.700 WILLIAMS.
02:44 - 35.509 ABSOLUTE NONSTARTER THE SUPREME
02:44 - 37.209 COURT UNITED STATES. THAT IS
02:44 - 38.900 UNEQUIVOCALLY REJECTED THAT
02:44 - 42.829 IT'S A IT'S BUT YOU TALKING TO
02:44 - 46.380 HELEN COURT. YOU DON'T KNOW.
02:44 - 48.690 YOU CANNOT THOUGH.
02:44 - 52.170 IN BETWEEN THE MEMBERS OF.
02:44 - 54.600 MULTI JUDGE.
02:44 - 56.909 THE SAME THING GOES WITH THE
02:44 - 57.910 ZBA HERE.
02:45 - 03.869 AND THERE'S NO POSSIBLE WAY IS
02:45 - 06.189 BETTER. FOR ANYBODY
02:45 - 07.619 TO SAY. WELL WE CAN JUST
02:45 - 08.620 DISREGARD.
02:45 - 11.089 OTHER PEOPLE THERE SO IT DIDN'T
02:45 - 12.090 MATTER.
02:45 - 13.679 YOU MAINTAIN THE ARGUMENT
02:45 - 14.969 YOU'RE MAKING UP FOR WHAT I
02:45 - 15.970 DON'T UNDERSTAND.
02:45 - 17.150 IT COULD BE
02:45 - 18.510 ARGUED THAT YEAH AND THIS IS
02:45 - 20.479 THIS HIGH TO MAINTAIN THAT
02:45 - 22.389 JUDGES LIKE I THINK WHAT YOU DO
02:45 - 25.349 IS YOU LOOK AT THIS COURT'S
02:45 - 27.149 CASES AND YOU ESSENTIALLY SAY
02:45 - 27.850 LOOK LET'S DO
02:45 - 29.729 THE MATH IF THIS PERSON'S VOTE
02:45 - 31.209 IS OUTCOME DETERMINATIVE IN IN
02:45 - 32.789 THAT SITUATION. YES WE HAVE A
02:45 - 34.119 PERCEIVED CONFLICT OF INTEREST
02:45 - 35.149 THAT'S GOING TO REQUIRE THAT
02:45 - 36.890 THE CASE BE REMANDED RE DECIDE.
02:45 - 39.129 BUT WHAT THIS COURT SAID
02:45 - 41.759 INCENTIVE RIVERWALK AND ID
02:45 - 42.809 PARTICULARLY IN THE BOROUGH
02:45 - 45.129 YOUNG'S ALONE FOR ONE PERCENT
02:45 - 47.459 IN THOSE SITUATIONS WAS THE
02:45 - 49.699 LOVE WHERE THE THOUGH IT ISN'T
02:45 - 50.780 GOING TO MAKE A DIFFERENCE.
02:45 - 52.769 WE ACTUALLY WE CAN GO BEYOND
02:45 - 53.779 THAT AND WE CAN LOOK TO SEE
02:45 - 54.960 WHETHER THERE WAS INFLUENCE
02:45 - 57.729 IN HOMS MR. COLLETT
02:45 - 58.730 JUSTICE TIME.
02:45 - 00.359 SORRY FOR INTERRUPTING YOU
02:46 - 02.539 ACTUALLY, ALTHOUGH SOME THE
02:46 - 04.390 ARGUMENTS AND EXPLANATIONS
02:46 - 06.279 MAKE A LOT OF SENSE FROM A
02:46 - 07.580 LOGICAL PERSPECTIVE.
02:46 - 10.749 HAVE TO FOLLOW UP ON JUSTICE
02:46 - 13.700 LAST OBSERVATION AFTER THE
02:46 - 15.570 THE UNITED STATES SUPREME COURT
02:46 - 18.110 PENNSYLVANIA BEING WILLIAMS.
02:46 - 20.339 I JUST I DON'T THINK ANY OF
02:46 - 22.069 THOSE ARGUMENTS CAN BE IN
02:46 - 23.999 CENTER NOW IF YOU HAVE A
02:46 - 25.479 DIFFERENT VIEW OF LIFE TO HEAR
02:46 - 26.480 THAT.
02:46 - 27.480 YOU'RE OUT OF THE ONLY THING
02:46 - 28.869 I CAN OFFER ON THAT REALLY IS
02:46 - 30.039 JUST A QUESTION INTERESTS THAT
02:46 - 31.289 ARE INVOLVED IN I THINK THAT
02:46 - 33.249 PROBABLY SPLEEN MYSELF TO THE
02:46 - 34.299 SENATE GOING TO BE ABLE TO
02:46 - 35.210 RESPONSE TO JUSTICE
02:46 - 36.270 WEX QUESTIONS.
02:46 - 38.049 AND ALL YOU HAVE ONE FINAL
02:46 - 40.629 FACTOR AND THAT IS HE. NOT
02:46 - 42.039 DURING THE ACTUAL CONCLAVE
02:46 - 43.040 WHICH IS.
02:46 - 47.089 ALL PARTIES HERE
02:46 - 48.959 GERRI WILLIS THE INTEREST
02:46 - 50.859 OF PUBLIC. I'D LIKE TO BE
02:46 - 54.119 LIVING IN THE NEWS IS. A MATTER
02:46 - 55.230 OF CONTROVERSY.
02:46 - 01.609 4 MEMBERS SITTING ON SUPPOSEDLY
02:47 - 03.949 NEUTRAL TRIBUNAL. I COULD GIVE
02:47 - 04.390 A WORSE.
02:47 - 06.329 THE PERCEPTION FORGET ABOUT THE
02:47 - 07.330 INFLUENCE OF ABOUT.
02:47 - 09.669 AND WITH THE CITY OF PITTSBURGH
02:47 - 10.670 CLINTON.
02:47 - 13.429 YOU'RE UNDERSTAND YOU CAN SEE
02:47 - 14.430 YOUR POINT.
02:47 - 18.479 FRANKLY IN RESPONDING TO
02:47 - 20.109 THIS SAID WE JUST
02:47 - 22.109 LOOKED GOOD. WE'RE LIVE ON IS
02:47 - 23.709 THE DECISIONS THAT THE COURT
02:47 - 24.909 HAS REACHED IN THE PAST AND THE
02:47 - 26.460 COLLEGE FOR HIS RECENT PAST.
02:47 - 29.230 MISTER COUSIN
02:47 - 30.609 FRANCIS WAS PROBABLY NOT
02:47 - 31.719 THRILLED THAT HE WAS NOT ABLE
02:47 - 32.939 TO KEEP HIS HELICOPTER ON HIS
02:47 - 34.279 PROPERTY AS A RESULT OF WHAT HE
02:47 - 35.659 SAW AS A CONFLICT AND THAT
02:47 - 36.670 REMAIN UNRESOLVED.
02:47 - 41.390 THE ACTOR SECOND QUESTION NO.
02:47 - 44.270 I DON'T HAVE ANY OTHER GET
02:47 - 45.969 YOU MOVE ON TO THE 45 DAY
02:47 - 47.299 COACHING, PRETTY FLARES
02:47 - 49.189 OR SOMETHING. I'M NOT READING
02:47 - 51.129 THE CODE SHOULD BE A 45 MAKE
02:47 - 52.130 THEY MAKE A DECISION.
02:47 - 53.989 IT HAPPENS WITH THE CODE IS
02:47 - 55.899 THE CODE ALSO SAYS THAT THE
02:47 - 57.269 BOARD IS FREE TO WRITE ITS OWN
02:47 - 58.369 RULES AND WHAT'S HAPPENED IN
02:47 - 58.500 THIS
02:47 - 01.299 SITUATION IS THAT THE BOARD HAS
02:48 - 03.449 EXPRESSLY AND ADOPTED PUBLISHED
02:48 - 05.429 A POLICY BY WHICH THE 45 DAYS
02:48 - 06.470 RUN FROM THE FINDINGS.
02:48 - 12.420 REGULATION.
02:48 - 15.800 THAT YOU KNOW YOU AND IF YOU
02:48 - 16.879 LOOK AT THIS COURT'S DECISION
02:48 - 18.519 IN BROUSSARD THAT CASE INVOLVED
02:48 - 20.939 ALSO INVOLVE THE ZONING THE
02:48 - 22.360 CITY OF PITTSBURGH ZONING CODE.
02:48 - 24.399 AND IT INVOLVED A QUESTION
02:48 - 27.709 OF WHETHER FOR SPECIAL
02:48 - 29.099 EXCEPTION, A PARTICULAR TYPE OF
02:48 - 29.570 POLICE HAD TO
02:48 - 31.829 BE RECORDED AS THE PRESIDENT OF
02:48 - 33.589 COURSE AND TO THE CBA SCREENINGS
02:48 - 35.229 SPECIAL EXCEPTION WITH THIS
02:48 - 37.479 COURT SAID THERE IS WAS
02:48 - 39.729 INTENDED TO THAT THIS COURT AND
02:48 - 39.790 THE
02:48 - 41.469 PENNSYLVANIA HORSE SHOULD DEFER
02:48 - 42.849 TO REASONABLE INTERPRETATIONS OF
02:48 - 44.319 THE REGULATION. NOW THE
02:48 - 45.689 SITUATION THEY CAN SAVE OUR
02:48 - 46.920 REGULATION THAT THAT.
02:48 - 49.319 THAT SAID WE HAVE 45 DAYS
02:48 - 50.879 WE'VE DECIDED BY REGULATION
02:48 - 52.610 MAKE THAT 90 DAY IN FACT.
02:48 - 53.959 I THINK THE VISION THAT
02:48 - 55.209 YOU'RE ON AND I THINK BY DID
02:48 - 56.709 NOT BEEN THE POLICY THAT THEY
02:48 - 58.259 ADOPTED HERE THEY HAVE WHEN YOU
02:48 - 59.519 SEE THAT THEY HAVE CAUSES USUAL
02:48 - 00.839 PROBLEM, RUNNING THE OTHER WAY
02:49 - 02.139 THERE'S A CLEAR ENTITLE HIM TO
02:49 - 04.219 USE PROPERTY IN PERMISSIBLE IN A
02:49 - 06.969 PROFESSIONAL MANNER AND A
02:49 - 08.259 STATUE OF CONSTRUCTION OF THE
02:49 - 10.800 ORDINANCE THAT ALLOWED THE.
02:49 - 14.319 THE ZBA TO DENY AN APPLICATION
02:49 - 16.499 OR DENY WHAT AFTER VALUES OF
02:49 - 17.500 PROPERTY.
02:49 - 19.539 IT'S SIMPLY BY
02:49 - 21.159 ESSENTIALLY POCKET VETO WOULD
02:49 - 22.429 RAISE SERIOUS CONSTITUTIONAL
02:49 - 23.590 QUESTIONS ABOUT THE YOU
02:49 - 27.309 THE BATTLE OF THE PROCESS AND
02:49 - 28.310 RIGHTS THERE.
02:49 - 35.150 AND HE FREELY.
02:49 - 39.600 IN THE OTHER. SHE JUST SAID.
02:49 - 46.469 IN ADDITION BECAUSE YOU'RE HERE
02:49 - 47.939 DEFENDING THE CONFERENCE BUT
02:49 - 49.299 ALSO THE CITY THAT SNYDER
02:49 - 50.849 CLIENT. IT'S INTERESTING THE
02:49 - 51.850 CITY DIDN'T SHOW UP.
02:50 - 01.649 IT'S COULDN'T IS SAID TO THE
02:50 - 04.839 CBA MADAM CHAIR, ALL WE'D LIKE
02:50 - 06.110 YOU TO CONTINUE THE HEARING.
02:50 - 12.709 THIS IS E V A ITSELF IT WAS
02:50 - 13.940 SPOTTED TODAY BIDEN SAID.
02:50 - 17.219 WE'RE GOING TO CONTINUE THIS IN
02:50 - 19.229 THE SENATE THE OR SO NEXT WEEK
02:50 - 20.230 WOULD HAVE.
02:50 - 24.800 AND THE
02:50 - 27.269 ZBA INVITED PROPOSED FINDINGS
02:50 - 28.359 AND CONCLUSIONS PART OF
02:50 - 30.299 THOSE DIFFERENT THE THINGS I
02:50 - 31.449 MEAN THAT THE HEARING WAS A
02:50 - 32.770 DONE DEAL. RIGHT.
02:50 - 35.579 THE HEARING IN THE
02:50 - 37.079 PRESENTATION OF EVIDENCE WAS
02:50 - 38.539 LARGELY CLOSED, I WOULD ALSO
02:50 - 40.530 POINT OUT THAT WE SUBMITTED A A
02:50 - 42.819 A LETTER FROM THE OWNER OF THE
02:50 - 44.309 ASSET PARKING FACILITY WITH OUR
02:50 - 45.140 FINDINGS OF FACT AND
02:50 - 47.359 CONCLUSIONS OF LAW. BUT I
02:50 - 48.419 UNDERSTAND THE CONCERN YOU'RE
02:50 - 49.420 RAISING.
02:50 - 51.290 2 POINTS THAT ONE
02:50 - 53.749 AGAIN UNLIKE ENLISTED THEY
02:50 - 55.219 REALLY ARE PUBLISHED RULES HERE
02:50 - 56.809 THAN SAY WE'RE GOING TO START
02:50 - 58.089 THE CLOCK RUNNING A PARTICULAR
02:50 - 59.090 TIME.
02:51 - 01.960 AND 2
02:51 - 06.079 AND SO I HAD FORGOTTEN TO BUT I
02:51 - 07.629 GUESS THE ISN'T
02:51 - 09.549 THIS POINTED. FEELS LIKE THE
02:51 - 10.689 APPELLANTS ARE ATTEMPTING TO
02:51 - 11.819 PUNISH US FOR HAVING READ THE
02:51 - 12.820 BOARD'S RULES.
02:51 - 15.519 OR MAYBE THEY JUST WANT TO
02:51 - 16.800 HOLD YOU TO THE ACTUAL STAFF
02:51 - 18.469 UNDER WHICH WILL PRESUMABLY
02:51 - 20.070 WERE PROMULGATED. RIGHT.
02:51 - 21.449 AND I GUESS THE OKAY TO
02:51 - 22.719 REMEMBER NEVER TO AND SORRY
02:51 - 23.250 ABOUT THAT
02:51 - 24.939 THIS IS REMEMBERING WILL STICK
02:51 - 26.319 WITH THE COURT SAID IS LOOK YOU
02:51 - 28.009 CAN CONSTRUE FROM SOUNDS YOU
02:51 - 28.890 CAN INTERPRET FROM
02:51 - 31.079 THE SILENCE. AGREEMENT TO AN
02:51 - 32.539 EXTENSION BUT AGAIN THIS IS A
02:51 - 33.729 VERY DIFFERENT SETTING HERE
02:51 - 35.659 BECAUSE WE'RE NOT DEALING WITH
02:51 - 37.019 THE SORT OF POTENTIAL 14
02:51 - 38.909 PROVABLE. IF WE HAD AND WAS
02:51 - 40.060 TAKEN TO THE MPC
02:51 - 41.659 WE'RE DEALING WITH HERE IS A
02:51 - 43.139 TEAM TO NILES SO IT'S ACTUALLY
02:51 - 46.189 IN OUR INTEREST. TO AGREE TO
02:51 - 47.190 WHATEVER.
02:51 - 49.129 EXTENSION OF TIME CITY
02:51 - 51.189 REQUESTS. WE DON'T BENEFIT FROM
02:51 - 52.679 DENYING THAT REQUEST, WE KNOW
02:51 - 55.219 BENEFIT FROM PUSHING THE BOARD
02:51 - 56.669 ANYMORE THAN WE HAVE TO BECAUSE
02:51 - 57.949 WE CAN'T CONTROL WHEN WE'RE
02:51 - 58.840 JUST GOING TO ISSUE ITS
02:51 - 00.679 DECISION AND ALSO POINT OUT
02:52 - 01.779 THAT IT'S FREE OF THE CITY
02:52 - 02.900 POINTED OUT THAT.
02:52 - 06.829 BY WAITING WHERE BY STARTING
02:52 - 08.129 THE CLOCK ON THE RIGHT WHO
02:52 - 08.510 FINDINGS
02:52 - 10.869 OF FACT THE WAY THE SITUATION
02:52 - 12.319 IN WHICH THEY LOSE CONTROL OVER
02:52 - 13.529 CERTAIN THINGS THE CITY DOESN'T
02:52 - 15.930 HAVE CONTROL OVER HOW FAST THE
02:52 - 18.199 A TRANCE GET TRANSCRIPT CAN BE
02:52 - 19.200 REPAIRED.
02:52 - 22.229 WE COULD BE WE COULD
02:52 - 23.839 LOSE THIS CASE SIMPLY BECAUSE
02:52 - 25.209 THE COURT REPORTER DOESN'T GET
02:52 - 26.489 HIS OR HER ACT TOGETHER AND GET
02:52 - 27.619 THE TRANSCRIPT OUT TO THE
02:52 - 28.820 PARTIES OF THE BOARD AND HELP.
02:52 - 32.889 AND THAT IS AGAIN COMPLETELY
02:52 - 34.999 CONTRARY TO THE POLICY THAT'S
02:52 - 36.559 UNDER LANE EVERY SINGLE ONE OF
02:52 - 39.049 THE WORST DECISIONS ON THE NEW
02:52 - 40.130 CREW WILL UNDER THE ZONING
02:52 - 41.470 UNDER THE MPC
02:52 - 43.219 THIS IS REALLY THE FIRST CASES
02:52 - 44.610 INVOLVED IN A WHILE.
02:52 - 47.999 THE POLICY COMES IN THE SUN
02:52 - 48.890 COMPLETELY DIFFERENT SET OF
02:52 - 50.010 POLICY CONSIDERATIONS.
02:52 - 57.970 THANK YOU VERY
02:52 - 59.359 MUCH TOM FOR EAR. NO FURTHER
02:52 - 00.539 QUESTIONS IF YOU HAVE A
02:53 - 02.509 SENTENCE LIKE USED TO CONCLUDE
02:53 - 03.510 STILL FREE.
02:53 - 06.429 YOU ARE AGAIN WE DON'T
02:53 - 07.609 BELIEVE THERE'S A BASIS TO
02:53 - 09.540 DISTURB THE DECISIONS BELOVED.
02:53 - 11.629 DUE PROCESS CONCERNS HERE ARE
02:53 - 12.669 VERY DIFFERENT FROM THE DUE
02:53 - 14.139 PROCESS CONCERNS OF THIS COURT
02:53 - 15.850 IS OUTLINED IN WILLIAMS.
02:53 - 17.740 AND IS THE QUESTION OF
02:53 - 22.709 WE DID WHAT THE BOARD REQUIRED
02:53 - 25.969 US TO DO. THERE IS NO POTENTIAL
02:53 - 27.349 DETRIMENT TO THE APPELLANTS
02:53 - 27.850 WAITING FOR
02:53 - 30.479 A DECISION WE BELIEVE THERE
02:53 - 32.140 WOULD BE REAL CONCERNS WITH OUR
02:53 - 37.649 ON THAT BASIS WITHOUT THE WORDS
02:53 - 38.749 EVER REACHING A DECISION THE
02:53 - 39.830 REGION, THE MERITS OF THEM.
02:53 - 45.659 WE'LL TAKE A FIVE-MINUTE
02:53 - 47.270 BREAK AND CALL THE NEXT CASE.
02:54 - 22.009 THE NEXT ARGUMENT IS THE CITY
02:54 - 23.849 OF JOHNSTOWN VERSUS THE WORKERS
02:54 - 25.489 COMPENSATION APPEAL BOARD AND
02:54 - 27.819 MICHAEL 70 REPRESENTING THE
02:54 - 29.440 CITY OF JOHNSTOWN SAYS MR.
02:54 - 31.210 CHRISTOPHER A TAC LINE
02:54 - 33.699 REPRESENTING 7 IT IS MISTER
02:54 - 34.910 MICHAEL G DRYDEN.
02:54 - 39.580 MICHAEL'S
02:54 - 41.879 THERE IS A FIREFIGHTER FOR THE
02:54 - 42.960 CITY HAS GONE DOWN.
02:54 - 46.259 OR CLOSE TO 30 YEARS RETIRING
02:54 - 49.450 IN SEPTEMBER 2006. IN MARCH
02:54 - 52.159 2015 WHO WAS DIAGNOSED WITH
02:54 - 53.979 KIDNEY CANCER. IT MISSED
02:54 - 56.949 A WEEK AND A PART-TIME POSITION
02:54 - 58.599 YOU'VE TAKEN AFTER RETIRING
02:54 - 59.600 FIREFIGHTING.
02:55 - 01.849 HE SAYS THE POLICE START
02:55 - 03.660 WORKERS COMPENSATION BENEFITS
02:55 - 06.159 UNDER THE APP UNDER A PROVISION
02:55 - 07.869 THAT MS. IT'S ARE SUFFERED BY
02:55 - 09.529 A FIREFIGHTER IS AN
02:55 - 11.100 OCCUPATIONAL DISEASE.
02:55 - 13.559 THE WORKERS COMPENSATION JUDGE
02:55 - 16.039 AVOIDED THIS IS A BAD STATE AND
02:55 - 16.270 MORE
02:55 - 18.499 THAN THAT MORE THAN $4,000 A
02:55 - 20.389 WEEK DISABILITY IN THE WORKERS
02:55 - 23.039 COMPENSATION BILLBOARD INCOME
02:55 - 23.700 LOSS FOR
02:55 - 26.089 BOTH BAR. THE ISSUE BEFORE THE
02:55 - 27.599 COURT WITH THE WORKERS
02:55 - 29.710 COMPENSATION AT 300 WE.
02:55 - 34.400 THE RULE FOUND AT 6, 3, OH ONE
02:55 - 37.720 IS A STATUTE OF LIMITATIONS
02:55 - 43.039 AND EXPLAIN INVERSELY
02:55 - 44.299 ELIMINATES THE STATUTE
02:55 - 45.919 FOR PRE-EMPTIVE THE
02:55 - 48.079 FIREFIGHTING CAUSE CANCER WELL
02:55 - 50.249 ALLOWING HIS CLAIM TO BE ON THE
02:55 - 51.250 MERITS.
02:55 - 56.850 INTRODUCE YOURSELF AND PROCEED.
02:55 - 00.479 MAY PLEASE THE MY
02:56 - 01.749 NAME IS CHRISTOPHER CAC LINE
02:56 - 02.630 REPRESENTING THE CITY OF
02:56 - 03.800 JOHNSTOWN IN THIS APPEAL.
02:56 - 06.240 THE MATTER FOR
02:56 - 08.159 THE COURT IS ONE OF SIMPLE
02:56 - 10.059 STATUTORY APPLICATION IN STARRY
02:56 - 12.439 DECISIS. THIS COURT IS CHARGED
02:56 - 13.440 WITH SUPPLYING.
02:56 - 15.640 RELEVANT
02:56 - 16.959 STATUTORY PROVISIONS IN A
02:56 - 18.149 MANNER THAT'S CONSISTENT WITH
02:56 - 19.750 THE COURT'S PAST CASES.
02:56 - 21.899 HERE THAT COULD NOT BE CLOSER
02:56 - 23.579 TO THE REMEDY THAT PALIN IS
02:56 - 24.580 ASKING A COURT.
02:56 - 26.799 THEY'LL IS ASKING THE COURT TO
02:56 - 27.670 REVERSE THE COMMONWEALTH
02:56 - 29.459 COURT'S DECISION BECAUSE THE
02:56 - 31.599 CONICAL WELL COMMONWEALTH COURT
02:56 - 32.939 FAILED TO APPLY THE CLEAR
02:56 - 34.719 STATUTORY LANGUAGE OF SECTION 3
02:56 - 36.919 O ONE C 2 OF THE PENNSYLVANIA
02:56 - 38.949 WORKERS COMPENSATION ACT THE
02:56 - 39.950 UNDISPUTED FACT.
02:56 - 42.290 AS CHIEF JUSTICE
02:56 - 45.719 DIRECTLY RE-INSTATED. MISTER
02:56 - 47.139 SAVANNAH WAS A FIREFIGHTER FOR
02:56 - 49.509 THE CITY OF JOHNSTOWN. FOR
02:56 - 51.569 29 DISTINGUISH YEARS. THEY'RE
02:56 - 54.000 TEARING 9/10/2006.
02:56 - 58.489 443 WEEKS LATER 2015 DIAGNOSED
02:56 - 01.029 WITH KIDNEY CANCER. WHICH WAS A
02:57 - 02.030 SURGICAL CURE.
02:57 - 04.309 AFTER HIS SURGERY MISSED
02:57 - 06.130 APPROXIMATELY 8 WEEKS OF WORK
02:57 - 08.899 FROM IS THOSE FIREFIGHTING
02:57 - 09.780 PART-TIME JOB
02:57 - 11.759 THOMAS FONDA THEREBY
02:57 - 13.509 ESTABLISHING DISABILITY UNDER
02:57 - 14.660 THE WORKERS COMPENSATION.
02:57 - 17.769 THIS JUST IN TO SHUN FOR
02:57 - 18.879 OCCUPATIONAL DISEASE
02:57 - 21.089 EXCLUSIVELY UNDER SECTION ONE O
02:57 - 23.879 A R OF THE ACT. IT
02:57 - 26.089 PROVIDES FOR IT'S A NEW RATED
02:57 - 27.199 OCCUPATIONAL DISEASE FOR
02:57 - 28.889 FIREFIGHTERS. THEY DEVELOP
02:57 - 30.849 CANCER. SURE IF CERTAIN
02:57 - 31.890 CRITERIA ARE MET.
02:57 - 35.069 ISSUE BEFORE THE COURT IS
02:57 - 36.719 WHETHER. AS
02:57 - 39.829 THE ACCES 3 OH ONE C 2 APPLIES
02:57 - 40.830 WHENEVER.
02:57 - 43.079 A PATIENT DISEASE IS THE BASIS
02:57 - 44.769 FOR COMPENSATION, THEIR
02:57 - 45.880 DISABILITY OR DEATH.
02:57 - 49.160 IN THIS COURT HAS SAID IS HE
02:57 - 50.789 ENTIRETY OF THE WORKERS
02:57 - 52.969 COMPENSATION. THE SHOW ONLY
02:57 - 54.440 APPLIED TO DISABILITY OR DEATH.
02:57 - 56.720 THE RESULTING FROM SUCH DISEASE
02:57 - 59.010 OCCURRING WITHIN 300 WEEKS.
02:57 - 01.160 AFTER THE LAST DAY TO EXPOSURE.
02:58 - 04.369 HERE WE DETERMINED THAT THE
02:58 - 05.880 LAST THING THE SCHOOL YEAR WAS
02:58 - 07.869 ARGUABLY THE RETIREMENT THAT
02:58 - 09.860 FACT IS NOT AN ISSUE WITH MORE.
02:58 - 11.719 THE LAST 8 OF ITS CLOSURE WILL
02:58 - 14.020 BE SEPTEMBER 10. 2006.
02:58 - 20.140 IS IT THAT WE ARE EMPOWERED TO
02:58 - 21.510 THIS REGARD.
02:58 - 25.570 NOT WITHSTANDING IN SUBSECTION.
02:58 - 29.459 IT'S BECAUSE THIS COURT HAS
02:58 - 31.509 SAID THAT NO PROVISION OF NO
02:58 - 33.229 SECTION OF THE ACT IS RELEVANT
02:58 - 35.619 WHEN THE DISEASE MANIFESTS MORE
02:58 - 37.909 THAN 300 WEEKS. AFTER THE LAST
02:58 - 38.910 DATE OF EXPOSURE.
02:58 - 40.949 IN FACT COULD HAVE SAID SHOULD
02:58 - 42.319 MICHAEL SAVANNAH EVER DEVELOPED
02:58 - 43.629 CANCER. IT WILL BE
02:58 - 45.419 COMPREHENSIVE BILL. THAT
02:58 - 46.899 PROVISION OF THE ACT IT WOULD
02:58 - 48.159 NOT BE APPLICABLE BECAUSE THE
02:58 - 49.490 ENTIRETY OF THE ACT.
02:58 - 53.349 INTO REVERSE A KEY STEAL THIS
02:58 - 55.350 COURT LAID OUT THAT.
02:58 - 59.000 SECTION 3 O ONE C 2 AND IT'S
02:58 - 00.830 300 WEEK MANIFESTATION WILL
02:59 - 02.269 THERE'S A JURISDICTIONAL
02:59 - 03.270 BOUNDARIES OF
02:59 - 05.829 IF IT DOESN'T MANIFEST OUTSIDE
02:59 - 07.709 THAT 300 WEEK PERIOD. THE
02:59 - 09.049 ENTIRETY OF THE ACT IN
02:59 - 12.359 THAT CASE. 3 EXCLUSIVE REMEDY
02:59 - 14.430 FOR VISION. IT DID NOT BAR.
02:59 - 17.639 THIS IS TO THE FILING. THE
02:59 - 19.239 COMMON LAW ACTION AGAINST HER
02:59 - 23.270 HUSBAND'S REPORT. THE BALL, 46.
02:59 - 26.100 THE SPECIFIC TREATMENT OF FIRE.
02:59 - 29.119 IT DID NOT IT WAS A DECISION
02:59 - 31.419 THAT WAS DECIDED AFTER AT 46
02:59 - 33.870 PAST. AT 46 PAST JULY
02:59 - 37.400 2011. AND TO DECIDE THE NUMBER
02:59 - 40.360 2013. SO LET ME JUST ASK
02:59 - 42.210 BECAUSE IT SEEMS TO ME YOU'RE.
02:59 - 46.120 A SIGNIFICANT IMPLICATIONS.
02:59 - 48.770 THE STATUTORY CONSTRUCTION.
02:59 - 55.250 SAY I WILL BY LAW.
02:59 - 58.369 ALL THE MEMOS THERE ARE GOING
02:59 - 00.910 TO INFORM ME ABOUT X Y AND Z.
03:00 - 08.500 IT WAS NICE THAT I SAID
03:00 - 10.239 THE THAT IF
03:00 - 12.629 THERE IS IF THERE IS ONE THAT
03:00 - 15.399 INVOLVES FIREFIGHTERS. I'LL
03:00 - 17.799 TAKE IT BY MAY 5TH. IT SEEMS TO
03:00 - 18.240 ME A
03:00 - 20.889 100 YOUR REASONING. EVERYBODY
03:00 - 22.329 FOUND BY MAY ONE NOT
03:00 - 24.519 WITHSTANDING THAT I SAID NOT
03:00 - 26.860 WITHSTANDING AND HE ON FIRE.
03:00 - 29.090 IF YOU COME IN BY DAY SO.
03:00 - 31.789 CAN YOU LOSE A DAY FOR ME FOR
03:00 - 32.790 SURE.
03:00 - 35.639 THAT ARE NOT WITHSTANDING USED
03:00 - 37.110 IN THE AD. IT IS.
03:00 - 40.019 ADMITTING AN INTERESTING USE OF
03:00 - 41.020 THE WORD.
03:00 - 42.619 BUT GIVEN THE TYPE OF
03:00 - 43.959 LIMITATIONS THAT WE'RE TALKING
03:00 - 45.149 ABOUT THE DIFFERENCE BETWEEN
03:00 - 46.420 THE MANIFESTATION RULE.
03:00 - 49.389 AND A PORTION OF 3 O ONE F
03:00 - 50.549 THAT CONTROLS WHETHER THE
03:00 - 51.939 PRESUMPTION WILL APPLY FOR A
03:00 - 53.969 CLAIM NOT IT'S NOT IT'S NOT
03:00 - 55.389 COMPARING APPLES APPLES TO
03:00 - 56.390 APPLES IN ORANGE.
03:00 - 59.320 THIS COURT SAID INTO THAT.
03:01 - 01.530 AND THE SECTION OF THE ACT.
03:01 - 05.349 IN THAT CASE 3 OH DOESN'T APPLY
03:01 - 07.269 BECAUSE THE ENTIRE TO BE TIRED
03:01 - 09.609 OF THE ACT. IT DOESN'T APPLY TO
03:01 - 11.390 THIS IN IN FACT THE
03:01 - 13.750 THE COURT IN 2 WEEKS THOUGH.
03:01 - 17.709 WE CONCLUDE THAT CLAIMS FOR
03:01 - 19.149 OCCUPATIONAL DISEASE WHICH
03:01 - 21.199 MANIFEST OUTSIDE OF THE 300
03:01 - 22.639 WEEK PERIOD PRESCRIBED BY THE
03:01 - 24.399 ACT. THEY'RE NOT FALL WITHIN
03:01 - 25.400 THE PURVIEW OF
03:01 - 27.559 AND THEREFORE THE SCHOOLS IN
03:01 - 28.939 THE GRAMMY FOR VISION YOU
03:01 - 30.550 CREATE IT DOESN'T PRECLUDE
03:01 - 32.619 WE COULD VERY SIMPLY THINK THAT
03:01 - 35.240 EXACT SENTENCE AND SUBSTITUTED
03:01 - 38.289 AND THEREFORE THE PRESUMPTION
03:01 - 40.069 INDICATIONS FOUNDED SECTION 3 O
03:01 - 41.320 ONE ASTRONAUT CLOCK.
03:01 - 43.249 THIS IS A GATE KEEPER TO
03:01 - 44.659 WHETHER THE ACT APPLIES TO A
03:01 - 45.660 PLEA.
03:01 - 47.569 AND THIS COURT ESTABLISHED A
03:01 - 49.150 BRIGHT LINE RULE IN 2 WEEKS
03:01 - 51.300 THAT IF YOU FALL OUTSIDE OF THAT
03:01 - 53.319 300 WEEK PERIOD. IT DOESN'T
03:01 - 55.059 MATTER WHAT THE ACCESS FOR WHAT
03:01 - 56.449 CAN HELP YOU LOOKING FOR 2
03:01 - 57.649 DOZEN FLIGHTS KIND OF LIKE
03:01 - 59.009 ARGUING WHETHER OR NOT A SHOT
03:01 - 00.489 IN THE BASKETBALL GAME. IT WAS
03:02 - 02.040 A 2 POINTER WITH 3 POINTER.
03:02 - 04.600 AFTER TIME HAS EXPIRED. IT JUST
03:02 - 09.640 YOU KNOW. I CAN GO BACK IN
03:02 - 10.770 REALLY
03:02 - 14.029 THE WEEKEND. BUT WE DON'T GET
03:02 - 15.030 THIS REGARD PLAYING
03:02 - 16.030 STATUTORY LAND.
03:02 - 18.469 IF WE REALLY DID THAT TO EVEN
03:02 - 20.079 WE WERE WRONG AND THAT'S A
03:02 - 21.099 DECISION WE'RE GOING TO
03:02 - 22.070 CORRECT, ALTHOUGH WHICH
03:02 - 24.629 SURPRISED ME THAT WE WOULD DO
03:02 - 27.279 THAT SO I WOULD TAKE THAT JUST
03:02 - 28.979 TO LET IT BEGIN WITH
03:02 - 31.069 NOT WITHSTAND THE GOING GOING
03:02 - 33.099 IN YEAR ONE YEAR GOING DOWN A
03:02 - 34.230 LITTLE BIT FURTHER.
03:02 - 35.799 THE SAME SENTENCE THAT I KNOW
03:02 - 38.989 YOU KNOW. IT SAYS CLAIMS FILED
03:02 - 40.919 FOR THE CANCER SUFFERED BY THE
03:02 - 43.860 FIREFIGHTERS UNDER WHERE WE ARE
03:02 - 46.069 THIS CASE. IT MAY BE MADE
03:02 - 48.119 WITHIN 6 WEEKS AFTER THE LAST 8
03:02 - 49.709 OF A POINT. BUT WHAT DOES
03:02 - 52.349 THAT MEAN THIS IS YOUR ARGUMENT
03:02 - 53.350 IT AFTER.
03:02 - 57.059 300 WEEK. FOR THEM IN THE
03:02 - 58.060 CASE CAN BE BROUGHT.
03:02 - 00.429 RIGHT AND I THINK THIS IS ALSO
03:03 - 01.090 A DISTINCTION THAT THE
03:03 - 02.699 COMMONWEALTH COURT HAD A BIT OF
03:03 - 03.700 TROUBLE.
03:03 - 05.299 IN THEIR DECISION THEY TALK
03:03 - 07.089 ABOUT THE FILING LIMITATION IN
03:03 - 08.779 THAT SO LONG AS IT CLAIMS FILED
03:03 - 10.640 WITHIN 6 WEEKS THEY CAN PROCEED.
03:03 - 13.400 A FILING
03:03 - 15.429 LIMITATION THAT AGAIN CONTROLS
03:03 - 16.890 APPLICATION OF THE PRESUMPTION
03:03 - 18.890 IN CONTROLS WHETHER CLAIMS
03:03 - 21.019 TIMELY FILE. IT DOESN'T
03:03 - 22.539 IMPLICATE WHETHER THE ACT
03:03 - 24.520 APPLIES TO THAT POINT.
03:03 - 27.159 SO WHEN YOU LOOK AT THE FARGO
03:03 - 28.359 CASE WHICH IS A CASE THAT
03:03 - 29.770 COUNCIL AND I HAD TOGETHER.
03:03 - 31.610 THAT IS AN INTERESTING
03:03 - 33.069 ILLUSTRATION OF THE DISTINCTION
03:03 - 34.260 BETWEEN THOSE 2
03:03 - 36.459 IN THE 5 CASES I CITED IN MY
03:03 - 37.870 GRIEF ONLY FARGO.
03:03 - 39.710 IT WAS ONE WHERE THE
03:03 - 42.040 300 WE MAN THE STATION THAT IS
03:03 - 43.909 300 WEEKS FROM LAST 8 OF THE
03:03 - 46.049 TOW PLANE WITH EXPOSURE TO
03:03 - 48.559 MANAGE THE STATION A DISABILITY
03:03 - 49.829 OR DEATH. OF COURSE IN A
03:03 - 50.950 MEDICAL ONLY CASE.
03:03 - 53.919 MEDICAL COSTS THE FOREGOING THE
03:03 - 55.779 ONLY CASE IN WHICH THAT IT DID
03:03 - 56.150 NOT.
03:03 - 58.789 HE SATISFIED THAT OF THE 10
03:03 - 00.209 YEARS 46 HAS BEEN
03:04 - 02.319 IN EXISTENCE. 4 GOALS IN
03:04 - 03.949 SAVANNAH FOR THE ONLY CASES
03:04 - 05.289 THAT WERE BROUGHT THAT VIOLATE
03:04 - 07.849 THIS 300 PEOPLE. AND
03:04 - 09.809 IN THAT. LET ME INTERRUPT THE
03:04 - 11.769 5TH. IT'S BECAUSE I DON'T WANT
03:04 - 12.150 TO GET OFF
03:04 - 14.349 THE POINT. I'M LOOKING AT THE
03:04 - 15.679 LANGUAGE OF THE STATUTE, WE
03:04 - 16.939 DON'T USUALLY GET THE BENEFIT
03:04 - 18.479 OF LATE LANGUAGE COLLEGE TRYING
03:04 - 19.190 TO FIGURE OUT WHAT THE
03:04 - 20.350 LEGISLATURE INTENDED.
03:04 - 21.150 IT SHOULD HAVE.
03:04 - 23.419 IT SAYS AND I DON'T MEAN TO
03:04 - 26.699 BE BETTER BUT IT SAYS CANCER 5
03:04 - 27.879 WITH ITS EFFORT BY A
03:04 - 29.549 FIREFIGHTER. WELL
03:04 - 31.359 A DARK THAT IS CERTAINLY A
03:04 - 33.340 WORKERS COMPENSATION ACTION.
03:04 - 35.289 THAT IS CERTAINLY THE CASE
03:04 - 37.590 BEFORE US IT MAY BE MADE WITHIN
03:04 - 38.830 600 RING.
03:04 - 45.090 I WANT YOU TO LIKE ME.
03:04 - 47.920 YOU'RE SAYING AFTER 300 WEEKS
03:04 - 50.409 THERE I UNDERSTAND BOTH TOWARD
03:04 - 51.939 ACTION OF THE YEAR. BUT YOU'RE
03:04 - 53.909 SAYING UNDERSTAND WE CAN'T ALL
03:04 - 55.829 HOP ACTION. IT SEEMS TO ME
03:04 - 57.130 PLAYING THINK THIS IS
03:04 - 59.899 WE'RE HAS ANYTHING I GET TO SEE
03:04 - 01.350 MY JOB THAT YOU CAN'T.
03:05 - 05.530 I THINK THE DISTINCTION IS THAT
03:05 - 07.630 IF A PERSON IS, BUT SAFE.
03:05 - 10.709 THIS ABLE. 100 WEEKS AFTER THEY
03:05 - 11.940 RETIRE AS A FIREFIGHTER.
03:05 - 14.019 THEY NOW HAVE A COLORABLE
03:05 - 15.639 WORKERS COMPENSATION ACT
03:05 - 17.189 APPLIES TO THEM ACCORDING TO 3
03:05 - 18.510 OH ONE C 2, 2,
03:05 - 21.639 THERE'S A SEPARATE FILING THE
03:05 - 22.640 PATIENT.
03:05 - 24.349 THE CLAIM WAS MADE OF RECLAIMED
03:05 - 25.350 MUST BE FILED.
03:05 - 27.549 WITHIN 300 WEEKS OF THAT SCENE
03:05 - 28.969 LAST DATE OF EXPOSURE IF THE
03:05 - 30.220 PRESUMPTION SHELF LIFE.
03:05 - 33.500 IF THEY FILE FROM 301 WEEKS TO
03:05 - 35.209 600 WEEKS THEY CAN MAKE
03:05 - 37.529 A CLAIM THE PRESUMPTION IS NOT
03:05 - 39.549 A LOT IT IS ALL PREDICATED UPON
03:05 - 42.149 STEP WAR WHICH IS THEIR
03:05 - 43.989 DISEASE MANIFESTS WITHIN THE
03:05 - 46.839 FIRST 300 WEEKS AFTER THE DATE
03:05 - 48.539 LAST EXPOSURE THERE'S NOTHING
03:05 - 50.249 TO DO WITH FILING. GIVEN
03:05 - 51.859 ALL THIS TELLING THE EMPLOYER
03:05 - 53.019 THAT I HAVE CANCER IT'S A
03:05 - 55.589 SIMPLE. THE CALCULATION OF LAST
03:05 - 55.780 DATE
03:05 - 58.429 OF EXPOSURE TO SOME SUBSTANTIAL
03:05 - 59.539 MANIFESTATION OF
03:05 - 01.169 THE DISEASE. THEN OF COURSE
03:06 - 02.319 THIS COURT HAS SAID THAT THAT'S
03:06 - 03.639 NOT JUST FOR DISABILITY OR
03:06 - 05.190 DEATH THAT CAN ALSO FIND
03:06 - 07.279 MEDICAL ONLY SITUATION WHERE
03:06 - 09.199 SOME A MANIFESTATION OF THE
03:06 - 11.569 DISEASE IS PRESIDENT. IT HAS
03:06 - 12.570 NOTHING TO DO WITH SOMETHING
03:06 - 14.559 THE CLAIMANT ASKED TO DO IT'S
03:06 - 16.079 NOT FILING LIMITATIONS THAT
03:06 - 16.480 STATUTE
03:06 - 18.349 OF LIMITATIONS. IT'S A STATUTE
03:06 - 19.479 OF REPOSE ACCORDING TO THE
03:06 - 21.569 COMMONWEALTH COURT. THAT
03:06 - 23.160 REQUIRES A FILING DEADLINE
03:06 - 24.959 THAT NONE OF THAT MATTERS IF
03:06 - 26.479 THE DISEASE IS NOT FIRST
03:06 - 29.160 MANIFEST. WITHIN THE FIRST 300.
03:06 - 33.839 IZZY'S MANIFEST WITHIN THE
03:06 - 34.860 FIRST WEEK.
03:06 - 39.330 IF YOU FILE WITHIN THAT SAME
03:06 - 40.520 300.
03:06 - 45.069 A NIGHT. I'M GOING TO PUT DOWN
03:06 - 46.410 AFTER A STUDY THAT CASE.
03:06 - 49.069 BUT HOW DO YOU GO OUT. AFTER
03:06 - 50.619 THE 300. AND
03:06 - 51.929 THE YEAR A READING OF THE
03:06 - 53.370 STATUTE YOU KEEP TELLING US THAT
03:06 - 55.819 300 WEEK IS THE STATUTE OF
03:06 - 57.659 REPOSE OF LIMITATIONS THAT BUT
03:06 - 59.509 THAT GROUP BUT PRECLUDES ANY
03:06 - 00.510 SUBSEQUENT OUT.
03:07 - 03.029 IT'S NOT SIT AT THE END DATE
03:07 - 04.490 FOR THE 2 ISSUES ARE DIFFERENT.
03:07 - 07.139 ISRAEL AND SEE TO THE END DATE
03:07 - 09.269 IS THERE YOU DISABLE FROM
03:07 - 10.270 CANCER.
03:07 - 12.650 THE 3 OH ONE AT THIS
03:07 - 15.099 30600 WEEK. THE RULE IS
03:07 - 16.589 STACKING THOSE THE FILING THE
03:07 - 18.959 PETITION. IT ENDS BUT THE
03:07 - 21.099 MAKING OF A CLEAN. AND THERE'S
03:07 - 22.080 AN ARGUMENT AS TO WHAT THAT
03:07 - 22.680 MEANS,
03:07 - 24.839 BUT THE THE MORE FUNDAMENTAL
03:07 - 26.459 ISSUE THE FIRST STEP THAT HAS
03:07 - 27.460 TO GET PAST.
03:07 - 31.009 IF YOU LOOK AT THE LAST 8 OF
03:07 - 32.139 THEM PLAYING WITH THE VOTERS
03:07 - 34.160 CALL IT. THE DECEMBER 31ST
03:07 - 35.540 1999.
03:07 - 37.640 YOU KNOW 5 AND A HALF YEARS OR
03:07 - 39.369 300 WEEKS TO BE DIAGNOSED WITH
03:07 - 40.370 CANCER.
03:07 - 43.709 IF YOU HAVE THIS ADDITIONAL
03:07 - 46.349 FUNDING BURDEN. WHICH CONTROLS
03:07 - 48.240 THE PRESUMPTION. IT WAS.
03:07 - 49.280 THE
03:07 - 51.519 CASE COUNCIL. THEN THE GENERAL
03:07 - 53.059 ASSEMBLY WOULD NOT HAVE USED
03:07 - 54.700 THIS THOUGHT WITH STANDING LAW
03:07 - 56.080 C.
03:08 - 02.989 IT SAYS CLAIMS FALL PURSUANT TO
03:08 - 03.990 CANCER.
03:08 - 10.479 NOT FREE TO DELETE OR
03:08 - 14.319 DISREGARD. RULE 7 WITH
03:08 - 16.349 THIS LANGUAGE AND DOESN'T IT
03:08 - 19.539 SEEM UNAVOIDABLE. WHETHER YOU
03:08 - 21.910 HAVE IN THE STATION APPROACH.
03:08 - 24.259 OR YOU HAVE PETITION FILING
03:08 - 26.679 APPROACH THERE. LAWMAKERS IN
03:08 - 27.690 JUNE BETWEEN NOS.
03:08 - 31.550 REPLACEMENT METHOD APPLAUSE.
03:08 - 35.389 THEIR CHOICE OF THE WORD NOT
03:08 - 38.099 WITHSTANDING I JUST I'M STILL
03:08 - 39.100 HUNG UP ON.
03:08 - 42.520 NOT WITHSTANDING.
03:08 - 45.039 WELL FIRST GO BACK TO THE
03:08 - 46.650 ORIGINAL ARGUMENT WHICH IS.
03:08 - 48.889 THIS ACCORDING TO E TOLD US
03:08 - 50.090 THAT THAT'S WHAT WE HAVE TO DO
03:08 - 51.229 IT DOESN'T MATTER WHAT ANY
03:08 - 52.780 OTHER SECTION OF THE ACCESS.
03:08 - 54.859 IF IT DOESN'T APPLY TO MISTER
03:08 - 56.759 SPANN BECAUSE HIS DISEASE DID
03:08 - 58.899 NOT THE MANIFEST AND DISABILITY
03:08 - 00.519 OR DEATH WITHIN THAT 300 WEEK
03:09 - 02.089 PERIOD. SO AGAIN YOU COULD SAY
03:09 - 03.369 MISTER CHAUVIN IF YOUR CLAIM IS
03:09 - 05.199 FROM PENCIL THAT WOULD NEVER
03:09 - 07.179 FLY IN HIS DISEASE WAS TOO FAR
03:09 - 09.279 ATTENUATED FROM HIS SERVICE AS
03:09 - 10.280 A FIREFIGHTER.
03:09 - 17.019 AT 46 THE BILL THAT BECAME A 46
03:09 - 18.020 WHICH
03:09 - 20.489 ATTASH DOESN'T END IN THE HOUSE
03:09 - 22.580 BILL 7, 9, 72011.
03:09 - 25.129 OTHER CHANGES THAT THE
03:09 - 26.689 GENERAL ASSEMBLY MADE TO
03:09 - 27.680 SECTION 3 O ONE
03:09 - 30.129 C 2. IT CONTEMPLATED ALL THE
03:09 - 31.509 RAMIFICATIONS OF THESE NEW
03:09 - 33.309 STATUTORY PROVISIONS IN
03:09 - 35.630 CORRECTED. THE CONTRADICTIONS.
03:09 - 37.589 IT'S ALL THE CONTRADICTIONS
03:09 - 39.319 IN ITSELF. IT DID NOT SEE THE
03:09 - 40.689 NOT WITHSTANDING LANGUAGE AS
03:09 - 42.809 A CONTRADICTION. IT SAID WE
03:09 - 43.989 UNDERSTAND THAT THE MAN AT THE
03:09 - 45.399 STATION WILL ACQUIRE THE
03:09 - 46.890 DISEASE TO BE DIAGNOSED WITHIN
03:09 - 49.139 300 FEET. WE SEE THAT WE KNOW
03:09 - 50.919 WE UNDERSTAND THAT WE'RE
03:09 - 52.119 GOING TO IMPOSE A FILING
03:09 - 53.529 LIMITATION ON THESE CLAIMS TO
03:09 - 54.839 WANT TO GIVE FIREFIGHTERS MORE
03:09 - 56.839 TIME TO FILE. SO WE'RE GOING TO
03:09 - 58.619 ALLOW THEM TO FILE ON A LONGER
03:09 - 59.620 TAIL.
03:09 - 01.179 THAT WAS STANDING THE FACT THAT
03:10 - 02.889 THE DISEASE STILL HAS TO OCCUR
03:10 - 04.499 WITHIN 300 WEEKS FROM THE LAST
03:10 - 05.500 DAY TO HOLD
03:10 - 07.039 AND IN FACT YOU CAN SEE TO
03:10 - 10.820 CHANGES IN THE HOUSE BILL 7.97.
03:10 - 12.360 THAT SHOW THAT THIS IS ACT.
03:10 - 15.169 FIRST AND SEE WHAT I PUT THIS
03:10 - 16.170 IN MY GROUP.
03:10 - 20.709 PRIOR PHYSICAL CONDITION IS
03:10 - 21.879 IRRELEVANT IN THE WORKERS
03:10 - 22.880 COMPENSATION.
03:10 - 25.289 YOU HAVE SHOW CLEAN YOU TAKE
03:10 - 26.679 THEM AS YOU AS THEY COME THEY
03:10 - 27.660 HAVE THE GENERATIVE THIS
03:10 - 28.899 DISEASE AND THEY HAVE A SLIP
03:10 - 29.900 AND FALL.
03:10 - 31.429 DOESN'T THAT YOU BUY THEIR
03:10 - 33.209 PREVIOUS PHYSICAL CONDITION BY
03:10 - 35.239 HIRING. EXCEPT CORRECT
03:10 - 38.440 46 TAKE PLACE. THE REAL SAYS.
03:10 - 40.090 THEIR PRIOR
03:10 - 41.999 HISTORY. ISRAEL. THEY CANNOT
03:10 - 43.629 COME TO THE JOB WITH CANCER, SO
03:10 - 44.709 YOU HAVE TO PROVE THAT THEY
03:10 - 46.999 DIDN'T HAVE CANCER PRIOR TO
03:10 - 48.150 JOINING THE FIRE SERVICE.
03:10 - 49.900 THAT CREATES A CONFLICT.
03:10 - 52.759 THE REAL SAYS THE PRIOR FISCAL
03:10 - 54.050 CONDITION IS IRRELEVANT.
03:10 - 56.289 NOTING THE CONTRADICTION THE
03:10 - 57.759 GENERAL ASSEMBLY AMENDED
03:10 - 59.579 SEAWALL AND PROVIDED THE
03:10 - 01.009 SECTION THAT SAYS EXCEPT AS
03:11 - 03.099 PROVIDED UNDER OF THIS
03:11 - 05.539 SUBSECTION. PREVIOUS PHYSICAL
03:11 - 06.540 CONDITION IS A RELATIVE.
03:11 - 07.670 THEY UNDERSTOOD THE
03:11 - 09.040 CONTRADICTION THEY FIXED IT.
03:11 - 11.429 THEY DID THE SAME THING THEY
03:11 - 14.439 SEE TOO. IT ADDED A SECTION TO
03:11 - 16.799 SEE TO IT. IT ALLOWED ONE AWAY
03:11 - 18.359 OUR CLAIMS IN IT IT'S NOT
03:11 - 19.820 TERRIBLY RELEVANT TO THIS CASE.
03:11 - 21.449 THE EMPLOYER LIABLE FOR
03:11 - 22.979 COMPENSATION. IT WILL BE
03:11 - 24.489 DIFFERENT IN THE NEXT 36 CASE
03:11 - 25.859 THAN OTHERS. SO THE GENERAL
03:11 - 27.409 ASSEMBLY LOOK TO CONTRADICT
03:11 - 29.040 CHINS THEY FIX THEM
03:11 - 30.459 AND THEY DIDN'T THINK
03:11 - 31.759 NOTWITHSTANDING LANGUAGE
03:11 - 33.509 CREATED A CONTRADICTION WHICH I
03:11 - 34.050 DON'T BELIEVE IT
03:11 - 36.239 DOES EITHER. A FIREFIGHTER CAN
03:11 - 37.899 BE DIAGNOSED OR DISABLE FROM
03:11 - 39.959 THE DISEASE WITHIN 300 WEEKS OF
03:11 - 41.889 HIS LAST DAY TO EXPOSURE THAT
03:11 - 43.509 GETS HIM INTO THE WORK HIM OR
03:11 - 44.919 HER INTO THE WORKERS
03:11 - 47.019 COMPENSATION. IF THEY WANT TO
03:11 - 48.910 FILE A CLAIM. THEY HAVE A
03:11 - 51.499 300 WEEK, 600 WEEK FILING
03:11 - 53.459 THE STATION FOR WHICH THERE'S
03:11 - 55.189 IMPLICATIONS OF THE APPLICATION
03:11 - 56.190 OF THE PRESUMPTION.
03:11 - 58.600 THEY ALSO HAVE A 3 FOOT SECTION
03:11 - 00.780 3.15 STATUTE OF LIMITATIONS
03:12 - 03.089 WHICH IS FILING A CLAIM WITHIN
03:12 - 04.990 3 YEARS FROM THE DATE THEY KNOW
03:12 - 06.609 THEY HAVE A COLORABLE CLAIM
03:12 - 08.219 ESSENTIAL, THEY KNOW OR SHOULD
03:12 - 09.479 HAVE KNOWN THAT THEIR DISEASES
03:12 - 11.469 RELATED TO THEIR JOB. THESE
03:12 - 12.989 3 SECTIONS VERY
03:12 - 15.419 EASILY COLITIS AND THEY SERVE
03:12 - 16.949 THE SAME PURPOSE THAT 3 OH ONE
03:12 - 19.049 C 2 HAS ALWAYS SERVED WHICH IS
03:12 - 21.010 A PROTECTION AGAINST ALE PLACE.
03:12 - 22.620 STILL DISEASES,
03:12 - 24.169 5 AND A HALF YEARS AFTER
03:12 - 25.689 RETIREMENT FROM A JOB IS A LOT
03:12 - 26.240 OF TIME.
03:12 - 27.909 THEY HAVE EXPOSURE TO OTHER
03:12 - 29.409 SUBSTANCES THAT MIGHT CAUSE
03:12 - 31.079 YOUR CANCER. IT'S ALSO A
03:12 - 32.959 LONGTIME EMPLOYER DID NOT KEEP
03:12 - 33.860 RECORDS THAT WOULD BE
03:12 - 34.979 ABSOLUTELY RELEVANT TO
03:12 - 37.369 LITIGATION. THE SAME CONSTRUCT
03:12 - 40.350 THAT ME. 3 OH ONE C 2.
03:12 - 43.100 STILL
03:12 - 45.639 APPLIES HERE. AND GOING BACK
03:12 - 47.959 TO US THE 2 VERSE A PEACE DEAL
03:12 - 49.459 BECAUSE I THINK THAT REALLY FOR
03:12 - 50.859 THOSE IS THE ISSUE I THINK THIS
03:12 - 52.409 COURT HAS DECIDED THIS ISSUE
03:12 - 53.410 ALREADY.
03:12 - 57.800 ALL COURT HAS SAID THAT THE
03:12 - 01.579 30600 WE OF SECTION 3 O ONE
03:13 - 02.989 THAT IS THE CONTROLLING OF THE
03:13 - 04.459 PRESUMPTION, THE FILING THE
03:13 - 06.249 PATIENT, THERE'S A STATUTE OF
03:13 - 07.250 REPOSE.
03:13 - 09.099 THE CLAIM IT HAS TO DO
03:13 - 10.780 SOMETHING TO AVAIL THEMSELVES OF
03:13 - 14.050 THIS COURT HAS SAID THAT
03:13 - 16.129 3 OH ONE C TO THIS MAN THE
03:13 - 17.929 STATION WILL IS NOT A STATUTE
03:13 - 19.869 OF REPOSE THAT WAS ARGUED TO
03:13 - 21.539 THE COURT TO INJUSTICE TODD
03:13 - 23.609 WROTE THAT SHE DID NOT ACCEPT
03:13 - 25.270 THE REPORT DID NOT ACCEPT THAT
03:13 - 27.599 INTENTION THAT SHE TOO WAS A
03:13 - 30.040 STATUTE OF REPOSE IT WAS
03:13 - 32.899 NOT ELIMINATING THE RECOVERY
03:13 - 34.889 BECAUSE ELIMINATING APPLICATION
03:13 - 37.099 OF THE ACT TO A CLAIM THAT WAS
03:13 - 38.489 BASED ON A DISEASE THAT WAS
03:13 - 40.309 ATTENUATED FROM THE LAST DATE
03:13 - 41.310 OF EXPOSURE.
03:13 - 43.879 I BELIEVE THAT THIS COURT HAS
03:13 - 45.099 ALREADY DECIDED EVERYTHING IT
03:13 - 46.100 NEEDS TO DECIDE.
03:13 - 49.860 TO DECIDE THIS STORY TO SAY
03:13 - 52.580 IT'S JUST THIS TIME THE SDSU.
03:13 - 53.730 WOULD YOU POINT OUT
03:13 - 56.029 TO ME THE PRECISE LANGUAGE IN
03:13 - 58.380 OUR TO OPINION THAT YOU BELIEVE.
03:13 - 01.549 IN THE CASE WAS ALREADY DECIDED
03:14 - 04.299 THIS PRECISE ISSUE SURE THANK
03:14 - 05.300 YOU.
03:14 - 07.449 RIGHT IN THE OPENING SENTENCE
03:14 - 08.840 OPENING PARAGRAPH SORRY.
03:14 - 12.059 WE THAT CLAIMS FOR OCCUPATIONAL
03:14 - 13.060 DISEASE.
03:14 - 15.530 WHICH MANIFEST OUTSIDE OF THE
03:14 - 17.499 300 WEEK PERIOD PRESCRIBED BY
03:14 - 19.179 THE ACT THAT WOULD BE 3 OH ONE
03:14 - 21.649 C 2. DO NOT FALL WITHIN THE
03:14 - 22.650 PURVIEW OF
03:14 - 26.260 THE EXCLUSIVE REMEDY PROVISION
03:14 - 28.109 OR ANY OTHER PROVISION OF THE
03:14 - 29.489 ACT. IT DOES
03:14 - 31.229 NOT APPLY TO THE CLAIMANT
03:14 - 32.230 QUESTION.
03:14 - 35.250 AGAIN IF THE ACT.
03:14 - 37.209 WE HAD A SPECIFIC AMENDMENT
03:14 - 38.490 THAT SAID MICHAEL SAVANNAH
03:14 - 40.919 CANCER SHALL BE DEEMED TO BE
03:14 - 43.279 WORK RELATED IF THAT EXISTS
03:14 - 44.800 WITHIN THE WORKERS COMPENSATION.
03:14 - 47.669 IT DOESN'T APPLY TO HIS CASE
03:14 - 48.670 HIS COOL.
03:14 - 53.870 IN FACT THE AGAIN THE.
03:14 - 56.909 THE PETITIONERS IN THAT CASE
03:14 - 59.769 FOR YOU THAT SHE TOO IS JUST THE
03:14 - 00.959 STATUTE OF REPOSE AND THEN I
03:15 - 02.719 COULD SEE JUSTICE WEX THE
03:15 - 04.579 PROBLEM WITH WE NOW HAVE
03:15 - 06.639 2 COMPETING STATUTES OF REPOSE
03:15 - 07.979 WE HAVE ONE THAT'S SAYING MAN
03:15 - 09.309 AT THE STATION WITHIN 300
03:15 - 10.849 WEEKS. WE HAVE ONE SAYING
03:15 - 12.400 FILING WITHIN 600 FEET,
03:15 - 14.259 THEY WILL BE OPPOSED IF THEY
03:15 - 15.900 WERE BOTH STATUTES OF REPORT.
03:15 - 17.339 THIS COURT HAS SAID THAT
03:15 - 19.429 THEY'RE NOW THE SEA TO THE
03:15 - 20.949 JURISDICTION OF BOUNDARY OF THE
03:15 - 22.600 ACT AND YOU CAN'T.
03:15 - 25.819 ANY OTHER SECTION OF THE ACT TO
03:15 - 27.739 PLAY THAT DOESN'T MEET
03:15 - 29.779 THAT STANDARD AND THE FINAL
03:15 - 32.069 THING RAISING WAS THE WAY THAT
03:15 - 33.649 THE SCHOOL WILL DISPOSE OF THE
03:15 - 34.190 CASE AND
03:15 - 35.939 THAT WAS BY REVIEW OF THE
03:15 - 37.789 HAYNES CASE THAT CITY OF WARREN
03:15 - 39.340 BWC AB AIMS
03:15 - 41.549 ANOTHER CASE THE COUNCIL AND I
03:15 - 42.729 REPRESENTED THE RESPECTIVE
03:15 - 44.489 PARTIES. AGAIN IN
03:15 - 45.719 THAT CASE THAT WAS A
03:15 - 47.049 RETROACTIVE THE CASE WHETHER IT
03:15 - 48.299 WAS CONSTITUTIONAL TO
03:15 - 50.129 RETROACTIVELY REVIVE A RIGHT
03:15 - 51.819 THAT WAS OTHERWISE LIMITED
03:15 - 52.820 UNDER THE ACT.
03:15 - 54.069 I DON'T THINK THAT HAS THE
03:15 - 55.679 BEARING THE COMMONWEALTH COURT
03:15 - 58.059 THOUGHT IT DID THINK AGAIN THAT
03:15 - 00.959 THIS CASE IT IS IS DOMINATED BY
03:16 - 03.039 THE COURT'S OPINION 2 WEEKS AND
03:16 - 04.479 THAT NO SECTION OF THE ACT CAN
03:16 - 07.319 APPLY TO CLAIM THEIR OCCUPATION
03:16 - 08.270 DISEASE IF THE
03:16 - 10.279 DISEASE MANIFESTS THE GREATER
03:16 - 11.969 THAN 300 WEEKS AFTER THE LAST
03:16 - 12.970 DAY TO EXPOSURE.
03:16 - 17.450 THE ONLY OTHER THING I'LL
03:16 - 20.199 ADDRESS IT IS SOMETHING AND WE
03:16 - 21.489 ADDRESSED ABOUT MAKING THIS A
03:16 - 23.029 MORE LIMITED. AFTER
03:16 - 24.569 FIREFIGHTERS DON'T BELIEVE
03:16 - 27.319 THAT'S TRUE. AS I STATED IN THE
03:16 - 29.339 10 YEARS THAT AT 46 HAS BEEN AN
03:16 - 30.889 AVENUE FOR FIREFIGHTERS TO SEEK
03:16 - 33.079 COMPENSATION. THIS IS ONE OF 2
03:16 - 35.320 CASES OUT OF PROBABLY CLOSE TO
03:16 - 36.949 500 THAT HAVE RUN
03:16 - 39.979 UP AGAINST 300 MANIFESTATION
03:16 - 42.349 REAL PROBLEM AND I DON'T SEE IT
03:16 - 44.499 AS A IT'S SIGNIFICANT IMPACT
03:16 - 45.969 FIREFIGHTERS MAKING CLAIMS FOR
03:16 - 47.899 CANCER. IN FACT MOST OF THE
03:16 - 49.069 CLAIMS THAT WE HAVE OUR FROM
03:16 - 50.649 FIREFIGHTERS WHO WERE DIAGNOSED
03:16 - 53.109 WHILE STILL IN SERVICE. TO THE
03:16 - 54.330 FIRE COMPANIES THAT DAY.
03:16 - 55.770 IF SERVICE TO.
03:16 - 59.269 AND THAT CONCLUDES
03:16 - 00.479 MY ARGUMENT IS THERE ANY OTHER
03:17 - 01.999 QUESTIONS, I'M HAPPY TO ADDRESS
03:17 - 02.110 THEM,
03:17 - 04.109 I UNDERSTAND IT'S CONFUSING BY
03:17 - 05.359 VIRTUE OF THE FACT THAT BOTH
03:17 - 07.000 RULES AT 300 WEEKS IN THEM.
03:17 - 08.820 IT'S DIFFICULT TO SEPARATE OUT.
03:17 - 09.990 HOW THEY SHOULD
03:17 - 12.569 PLAY TOGETHER. BUT IT'S IT
03:17 - 14.289 BECAUSE CONTENTION THAT THEY DO
03:17 - 15.539 PLAY WELL TOGETHER THAT THEY
03:17 - 17.239 COMPLEMENT EACH OTHER AND THEY
03:17 - 18.940 SERVE THE PURPOSES OF THE ACT
03:17 - 21.319 BY CREATING A PRESUMPTION FOR
03:17 - 23.770 FIREFIGHTERS. ONLY WITHIN
03:17 - 25.659 THE SAME CONSTRUCT THAT ANY
03:17 - 27.879 OTHER EMPLOYEE. IF ANY OTHER
03:17 - 29.279 OCCUPATIONAL DISEASE WITH AT
03:17 - 30.280 THE SATISFIED.
03:17 - 33.399 IT'S NOT JUST THIS TIME YOU
03:17 - 35.639 ON YOUR FREE. IF WE NEVER
03:17 - 37.310 DECIDED 2.
03:17 - 39.259 WOULD YOU BE MAKING THE SAME
03:17 - 41.750 ARGUMENT BEFORE TODAY. NO.
03:17 - 47.379 THEN I GUESS WHAT ALSO GETTING
03:17 - 48.540 YOUR ARGUMENT
03:17 - 53.560 BE STAYING DOWN.
03:17 - 56.789 IN SPITE OUR INTERPRETATION OF
03:17 - 57.790 2 WEEKS.
03:17 - 01.040 3 '02.
03:18 - 03.959 HI. I DID NOT APPLY
03:18 - 06.279 TO A FIREFIGHTER THAT SEEMS TO
03:18 - 08.339 BE WITH IF YOU KNOW, I'M
03:18 - 10.380 READING BEEN NOTWITHSTANDING.
03:18 - 13.919 LANGUAGE AND TAKING INTO
03:18 - 15.559 ACCOUNT THAT WE HAVE IN HER
03:18 - 16.560 CREATIVE.
03:18 - 19.049 THIS PARTICULAR PROVISION OF
03:18 - 21.909 THE ACT IN 2 WEEKS. I THINK
03:18 - 22.910 THAT WE
03:18 - 25.009 HAVE TO CONCLUDE THAT IS WHAT I
03:18 - 26.949 THINK YOU'RE CLOSING COUNCIL IS
03:18 - 27.960 ARGUMENT THAT
03:18 - 30.059 IT'S NOT ONLY NOT WITHSTANDING
03:18 - 32.039 LANGUAGE OF THAT SECTION
03:18 - 34.529 NOTWITHSTANDING WHAT WE STAND
03:18 - 35.880 AT SECTION MAN
03:18 - 38.680 IN CHILE AS IT APPLIED TO IRAQ
03:18 - 40.150 IF YOU KNOW THE SEASON.
03:18 - 43.320 I DON'T THINK THAT CAN BE.
03:18 - 45.119 TRUE BECAUSE TO ME WAS
03:18 - 47.579 DECIDED THE 2 AND A HALF YEARS
03:18 - 49.639 AFTER AT 46 PAST THE
03:18 - 50.360 LEGISLATURE AND
03:18 - 52.829 BECAME LAW TO CERTAINLY THE
03:18 - 54.179 GENERAL ASSEMBLY COULD NOT HAVE
03:18 - 55.759 EVER ANTICIPATED THAT THE 2
03:18 - 57.009 DECISION WOULD BE DECIDED TO
03:18 - 58.300 WEIGH IN IT HAD BEEN.
03:19 - 02.350 THE COUNCIL THEY WERE ALWAYS
03:19 - 04.270 THE FIRE MAY BE DIFFERENT.
03:19 - 07.279 IF THAT'S ABSOLUTELY TRUE.
03:19 - 08.449 I NOTED IN MY BRIEF THE
03:19 - 09.699 FIREFIGHTERS ARE THE ONLY
03:19 - 11.269 OCCUPATION THAT RATED
03:19 - 13.079 OCCUPATIONS EASES ONLY FOR
03:19 - 14.979 THEMSELVES. THE BORING OTHERS
03:19 - 17.399 IN FACT CO-WORKERS YUMA SAYS IS
03:19 - 19.340 NOT EVEN LIMITED TO 4.
03:19 - 22.199 FIREFIGHTERS IF YOU HAVE
03:19 - 24.459 SPECIAL TREATMENT. BUT IN THIS
03:19 - 25.460 CASE.
03:19 - 27.439 THE SPECIAL TREATMENT IS
03:19 - 29.599 LIMITED TO THE APPLICATION OF
03:19 - 30.600 YEAH.
03:19 - 35.689 ONLY THE WAY YOU ARE IN YOUR
03:19 - 36.310 PRE GAME.
03:19 - 39.440 THE FACT AND OUR NATION IN 2.
03:19 - 43.089 I THINK I MEAN YES
03:19 - 44.129 I THINK IT'S FROM THE DIRECT
03:19 - 45.849 LANGUAGE OF TO YOU PENNY AND
03:19 - 47.620 THAT NO SECTION OF THE ACT CAN
03:19 - 51.469 THE DISEASE MANIFESTS OUTSIDE
03:19 - 55.009 OF THE 300 PEOPLE. SO IT'S NOT
03:19 - 56.010 JUST.
03:19 - 58.709 THE IT'S NOT JUST EVEN I WOULD
03:19 - 00.910 SAY THAT 3 OH ONE C TO PROVIDE.
03:20 - 02.260 BUT THE
03:20 - 03.789 STANDARD FRAMEWORK. THAT'S BEEN
03:20 - 05.209 IN PLACE SINCE THE OCCUPATION
03:20 - 08.079 DISEASE ACT, THOSE. IT WAS OR
03:20 - 09.460 INTO THE WORKERS COMPENSATION.
03:20 - 10.890 I WOULD SAY THAT THE
03:20 - 12.529 LEGISLATURE UNDERSTOOD THAT
03:20 - 13.959 THAT WAS THE LIMITATION THEY
03:20 - 15.329 UNDERSTOOD THAT THE DISEASE HAD
03:20 - 16.330 TO MANIFEST IN
03:20 - 18.129 300 WEEKS THAT THEY WANTED TO
03:20 - 19.979 GIVE AGAIN FIREFIGHTERS SPECIAL
03:20 - 21.449 TREATMENT AND GIVE THEM A
03:20 - 22.780 LONGER TIME TO FILE.
03:20 - 25.779 THEY TOOK IT DOWN FROM 300
03:20 - 28.099 WEEKS. THAT MEANT THE STATION
03:20 - 29.599 AND THEN THEY GAVE IN
03:20 - 32.309 ADDITIONAL 300 WEEKS TO FILE A
03:20 - 34.939 CLAIM. BUT AGAIN
03:20 - 37.149 IT ALSO IT ALL COMES BACK TO
03:20 - 38.849 THE VERY FIRST STEP, THOSE
03:20 - 40.339 WORKERS COMPENSATION AT THE
03:20 - 42.689 CLUB. IF YES, LET'S LOOK TO ONE
03:20 - 44.270 LEAD, LET'S LOOK TO 3 ALONE.
03:20 - 47.520 THOSE SECTIONS ARE HEROES.
03:20 - 52.320 THEY THANK YOU VERY MUCH.
03:20 - 53.890 I THINK THE DRIVE-IN.
03:20 - 59.169 AND PLEASE THE COURT MY NAME
03:20 - 01.369 MICHAEL GRIME I REPRESENT YOU
03:21 - 03.000 HAVE RESPONDED MICHAEL SAVANNAH
03:21 - 05.809 AND BACK ITS NAME IS YOU
03:21 - 08.029 INDICATED JUST FAIR. WE'RE TIRED
03:21 - 09.369 JOHNSTOWN FIREFIGHTERS
03:21 - 11.159 SUCCESSFULLY CLAIM A SMALL
03:21 - 12.550 PERIOD A WEIGHT LOSS BENEFITS.
03:21 - 14.029 THEY'RE ALSO MORE IMPORTANT
03:21 - 16.089 MEDICAL COVERAGE OF A WORKER'S
03:21 - 17.519 COMPENSATION ACT. THE
03:21 - 19.699 KING CANCER. THEY'RE SUING TO
03:21 - 21.349 SECTION ONE WE ARE WE ALL WANT
03:21 - 23.419 TO HAVE ALL AND ALL
03:21 - 25.830 THE ACT THEY ALSO KNOW YET 46
03:21 - 28.469 FROM THEM. IT MAY BE THAT
03:21 - 30.089 SUCCESSFUL PLAYING WITHOUT THE
03:21 - 32.129 BALL ON THE HIGHWAY AND
03:21 - 32.640 AVAILABLE
03:21 - 35.129 AND REACT. TODAY AND THAT
03:21 - 36.920 RECONSTRUCTION ISSUE OR A FINE
03:21 - 39.909 AND REPELLENT THOSE NOT
03:21 - 40.720 ACTUALLY CHALLENGE
03:21 - 42.789 MISTER MANNING A FIRE SERVICE
03:21 - 44.669 EXPOSURES GROUP ONE CARCINOGENS
03:21 - 46.409 AS A FIREFIGHTER. WE'RE MEDICAL
03:21 - 47.859 EVIDENCE RELATING CANCER IS
03:21 - 50.029 HIGHER ON HER EAR INSTEAD
03:21 - 51.269 OF HOW IT SUGGESTS AN
03:21 - 53.099 INTERPRETATION. THE SECOND
03:21 - 54.549 KOREA WANT TO THAT
03:21 - 56.629 WOULD REQUIRE THE MAN FIRE
03:21 - 57.909 FIGHTERS LIKE HIM TO
03:21 - 00.729 ESTABLISH VOTE. THE MAP THAT WE
03:22 - 02.069 DON'T WE MANIFEST STATION
03:22 - 04.449 PERIOD AND SECTION 3 OH ONE TO
03:22 - 06.629 2 AND THE LIMITATIONS
03:22 - 09.339 HIGHLAND PARK. WHY BY GENERALS
03:22 - 10.829 AND THE SPECIFIC SECTION WHERE
03:22 - 12.609 WE ARE YOU REALLY DON'T WANT
03:22 - 12.810 THAT.
03:22 - 16.929 THIS INTERPRETATION AND ITS
03:22 - 18.089 ABILITY TO EVER MAKE
03:22 - 20.549 THIS POINT AND CHALLENGER YULIA
03:22 - 23.129 FIREFIGHTERS LIKE THAT AND TO
03:22 - 24.809 MAKE THIS CLAIM IN SPITE OF THE
03:22 - 27.049 FACT THAT WHEN HE FILED
03:22 - 28.849 HIS PETITION. I THINK WE DID A
03:22 - 31.159 PASSAGE UP NEXT FOR THE 6 MEN
03:22 - 32.160 WHO LIVED
03:22 - 34.869 2011. THERE'S A FIREFIGHTER AT
03:22 - 37.470 EXACTLY WHERE WE WERE 3 WEEKS
03:22 - 39.819 SINCE HIS LAST SERVICE HERE 30
03:22 - 41.849 YEARS SERVICE HONORABLE
03:22 - 43.559 SERVICE. THE CITY HAS NOT
03:22 - 46.300 HAPPENED. SO HE FITS WITHIN 4
03:22 - 47.390 HOOTERS.
03:22 - 49.999 ACT ONE WAY OR HUMID SESSION
03:22 - 51.399 WHEN WE ARE AND 3 OH
03:22 - 53.770 ONE APP OF THE FIREFIGHTER
03:22 - 55.789 PRESUMPTION PROVISION AND WE'RE
03:22 - 57.359 NOW BEING ASKED TO
03:22 - 00.790 LOOK AT THE SECTION 3 O ONE C 2
03:23 - 02.770 300 WEEK MANIFESTATION PERIOD
03:23 - 05.289 AND IN ADDITION A LIMITATION ON
03:23 - 07.829 A VETERAN FIREFIGHTER. I KNOW
03:23 - 10.329 WE NEED OBVIOUSLY CANCER AND
03:23 - 11.399 LIMIT CREDIT LIMIT THEIR
03:23 - 13.719 ABILITY TO MAKE IT. SO YEAH
03:23 - 16.129 HOME ALL AND THIS APPEAL.
03:23 - 17.189 THE THAT THINK THIS COURT
03:23 - 18.729 INTERPRETATION OF SECTION 3 O
03:23 - 19.150 ONE AT
03:23 - 21.529 THE CONTROLS, NOT JUST WHETHER
03:23 - 23.059 MISTER SAVANNAH WILL CONTINUE
03:23 - 23.430 TO HAVE
03:23 - 26.199 MEDICAL COVERAGE. THERE AND THE
03:23 - 27.750 TALENT FOR HIS KIDNEY CANCER.
03:23 - 30.290 THE MORE IMPORTANT. IT ROLLS
03:23 - 33.149 HOW MANY HOW MANY OF THE 4,000
03:23 - 34.799 MEN AND WOMEN WHO MAKE UP THE
03:23 - 37.079 CURRENT PACE AND VOLUNTEER FIRE
03:23 - 37.620 SERVICE AS
03:23 - 39.969 WELL AS THE TIRE FIRE FIGHTER
03:23 - 41.289 DEPEND A LITTLE BIT OF PAIN
03:23 - 43.470 OPEN. HOW MANY OF THEM WILL BE
03:23 - 44.770 HAVE FULL ACCESS.
03:23 - 47.119 FULL ACCESS INTENDED BY THE
03:23 - 48.589 GENERAL ASSEMBLY. WHEN IT
03:23 - 50.200 PASSED SECTION 3 O WANT TO HAVE
03:23 - 52.519 IT HAPPENS EVERY YEAR IS TO WIN
03:23 - 55.229 THAT THE HOUSE IS TO LIMIT
03:23 - 57.319 THAT ACCESS BY OPPOSING
03:23 - 59.359 FOLLOWING A PERIOD. INSTEAD OF
03:23 - 00.340 JUST WHEN YOU MAKE AN
03:24 - 02.139 APPEARANCE THAT IS PLAINLY
03:24 - 03.140 STATED STATUE.
03:24 - 05.599 RESPONDED SUMMITS THE
03:24 - 07.209 INTERPRETATION OF SECTION 3 O
03:24 - 08.319 ONE AT PROVIDED BY THE
03:24 - 10.010 COMMONWEALTH COURT IN THIS CASE
03:24 - 12.539 AND PROVIDED BY THE PENNSYLVANIA
03:24 - 13.729 WORKERS COMPENSATION A FEW
03:24 - 15.659 WORDS MUST NOT BE SPARED.
03:24 - 18.109 THIS CORRECTLY, ESPECIALLY THE
03:24 - 19.289 ATTENTION OF THE GENERAL
03:24 - 20.850 ASSEMBLY AS THIS
03:24 - 23.100 WHO ARE HAS ROUTINELY EXPRESSED
03:24 - 25.240 IS THE AND INTENT.
03:24 - 26.840 A JUDICIAL INTERPRETATION OF
03:24 - 30.589 CORRECTNESS OF THE COMMONWEALTH
03:24 - 32.289 COURT INTERPRETATION REAL ONE
03:24 - 33.739 APP AND THE SOUL IN
03:24 - 36.299 A PERIOD. PEOPLE TO FIREFIGHTER
03:24 - 37.549 ANSWERED CLAIMS UNDER SECTION
03:24 - 39.179 ONE WE ARE IT IS AS
03:24 - 41.089 INDICATED BY SEVERAL OF THE
03:24 - 42.709 JUSTICES JUSTICE PRACTICED
03:24 - 45.309 THERE. AND THAT'S IT QUESTION
03:24 - 47.309 COUNCIL AND THE QUEEN LANGUAGES
03:24 - 49.609 STATUE. YOU KNOW IT'S IT'S IT
03:24 - 51.330 IS ALSO I THINK EVERYTHING IN
03:24 - 53.130 THE GENERAL ASSEMBLY DECISION
03:24 - 55.340 WHO EVEN COME UP WITH SECTION
03:24 - 59.479 YEAH, IF THE FAIR TO 2
03:24 - 00.480 QUESTIONS.
03:25 - 01.610 AND I THINK WE CAN.
03:25 - 06.710 FIRST QUESTION IS JUST THAT.
03:25 - 08.550 HOW DO YOU SEE THE
03:25 - 12.389 360 DEGREE TOUR. IS IS THE
03:25 - 15.039 DICHOTOMY IN 2003 EVERY WEEK TO
03:25 - 16.689 GET A PRISON SHIP IF I'LL
03:25 - 19.959 BE CLEAN. THE 130 AND THEREFORE
03:25 - 21.200 YOU KNOW BIT OF SUNSHINE.
03:25 - 22.569 THERE ISN'T SOMETHING ELSE THAT
03:25 - 24.079 QUESTION WHEN THEY PUSHED TO
03:25 - 25.660 WHICH I THINK IS IS THE.
03:25 - 28.940 PROBABLY DECISIVE HERE.
03:25 - 29.850 IT IS.
03:25 - 32.260 FLIES OPPOSING OUT WRONG.
03:25 - 33.920 THE 2 IT CONTROLS EVERY.
03:25 - 37.360 THE FIRST PART I THINK FOR
03:25 - 39.759 IRENE PLAIN LANGUAGE OF
03:25 - 41.729 THE STATUTE, THE SYSTEM WITH
03:25 - 43.059 WHO WERE JUST WITH WORKERS
03:25 - 44.599 COMPENSATION GOT 2 DECADES OF
03:25 - 46.199 EXPERIENCE. THE JOINT MANAGER
03:25 - 47.329 FROM PENNSYLVANIA AND
03:25 - 48.759 COMMONWEALTH COURT IS IT THE
03:25 - 50.669 WORD NOT SEEM TO CAN'T BE
03:25 - 52.809 IGNORED. THEY WERE NOT UNIT
03:25 - 54.739 WHICH WE IN OUR GRIEF ON
03:25 - 56.619 THROUGH LAST MORE VISIONARY IN
03:25 - 57.320 THE KITCHEN AREA
03:25 - 59.749 AND NOW THAT MEANS THAT
03:25 - 02.589 GENERATIONAL NOT MEAN WOW WHEN
03:26 - 04.639 YOU REPLACE NOTWITHSTANDING IT
03:26 - 05.950 WOULD HAVE TO RATION OUT.
03:26 - 07.770 WE'RE NOT BEING ALLOWED TO WORK
03:26 - 10.080 THEN. WAYNE SECTION 3 OH
03:26 - 12.509 01:00AM SAYS THAT THAT SECTION
03:26 - 14.459 OF THE LAW HAVE BEEN THE REAL
03:26 - 16.349 ONE HE HAS BEEN PLACED BY
03:26 - 18.359 SECTION 3 OH 01:00AM. SO HERE'S
03:26 - 19.590 THE QUESTION WHO
03:26 - 22.689 THE NATION'S 3 LOOKING FOR
03:26 - 24.510 FIREFIGHTERS NEWS HAS LAID OUT
03:26 - 27.419 HOW IMPORTANT HAPPY AND THIS
03:26 - 29.209 MOVE THE END OF THE HOUR FOR
03:26 - 30.210 YOUR CAREER
03:26 - 33.889 EXPOSURE TO HAVE YOUR ARE
03:26 - 36.859 TOO MANY AS THE FIRE OR SMOKE
03:26 - 38.519 THESE WERE MISSING, I'M BACK
03:26 - 40.240 HOME. THEY HAVE YOU COVERED ME
03:26 - 43.189 IF I LOVE YOU. THE PUSH TO
03:26 - 45.429 BENEFIT CANCER UNDER SECTION
03:26 - 45.860 MOVING
03:26 - 50.149 OUR NECK. IF THAT YOU THEY MAKE
03:26 - 52.440 THAT POINT. IT FILED
03:26 - 55.489 301 DAY. THEY HAVE TO MAKE THE
03:26 - 56.490 CASE WITHOUT.
03:26 - 58.989 IN TRIALS 100 WEEKS AND ONE
03:26 - 00.679 DAY. THEY CANNOT FILED HER
03:27 - 01.430 MISSION AND
03:27 - 03.929 ACCORDING TO THIS POOR FAMILY
03:27 - 06.519 CAME ON MY FAVORITE TOO THEN
03:27 - 07.680 AFTER 600 WEEKS.
03:27 - 10.209 WE HAVE A RIGHT TO WORRY ABOUT
03:27 - 11.819 MEG WITH YOU. NO
03:27 - 13.679 NOT HAVING YOU HAPPY WITH THE
03:27 - 15.439 FIRE OUT NOT FOR WHO THEY ARE
03:27 - 17.119 NOT READY TO PARTY WEARING A
03:27 - 18.819 MASK FIRE THEY DIDN'T GO
03:27 - 21.109 DO THAT THE PLACE WHERE THE
03:27 - 23.040 LINE IS DRAWN THAT'S
03:27 - 25.950 600 ME. AND FIREFIGHTERS SERVE
03:27 - 27.090 THERE'S
03:27 - 29.440 YOUR KNEE, NOTHING YOU NEED
03:27 - 33.250 ADDRESS IT. NO AS I INDICATED.
03:27 - 35.280 EARLIER DO I THINK
03:27 - 40.250 THE PEOPLE LIKE ME
03:27 - 42.769 WHO AND LIKE I'M REPRESENTING
03:27 - 44.359 WORKERS. THE QUEEN INJURED
03:27 - 47.410 WORKERS UNION. INTO
03:27 - 49.579 ONE THE SCHOOL
03:27 - 51.859 AND STAND A PROCESSION CREO
03:27 - 53.300 THROUGH A TEXT TO HIM.
03:27 - 56.659 IN 2 IMPORTANT THINGS TO ME SO
03:27 - 59.899 WE ONLY ONE WHEN AL. IT WAS
03:27 - 01.739 NOT A PATIENT ARE DUE TO REPORT
03:28 - 03.999 TO WEAR, IT DOESN'T MEAN HE CAN
03:28 - 05.980 HE COME OUT THE RIP CURRENT.
03:28 - 10.789 WHILE WE. WE ARE PART PART OF
03:28 - 12.800 IT FOR YOU IN THE MOST RECENT
03:28 - 15.259 WITH IT. BUT WHAT DO WE KNOW
03:28 - 17.069 THAT ISSUE TOO WE KNOW WHAT TO
03:28 - 19.830 EXPECT. THE PLANE TOO
03:28 - 21.970 AND AND I KNOW WE FEEL
03:28 - 24.749 AND REAR AND THAT EXPOSED
03:28 - 27.559 TO THAT BUT IT IS EVEN MAP IT
03:28 - 29.410 FELL TO ONE POINT IN YOUR LANE.
03:28 - 32.339 AND THE QUESTION WAS IF YOU AND
03:28 - 34.579 FOR YOUR HOLIDAY. THE
03:28 - 36.249 PROTECTION NEXT WHO'S BEEN
03:28 - 38.980 PROVEN. YEAH DOING THE CAUSE.
03:28 - 40.510 THE FACT THAT YOU COULD NAME
03:28 - 42.489 AND BEST OF BREED WHO'S
03:28 - 44.330 PLAYING. BUT THAT PARTICULAR
03:28 - 46.670 PLAIN RAIN COULD DO AT THE TIME
03:28 - 48.679 AND THIS POOR FAMILY ALL OF
03:28 - 51.199 THAT ALL THAT'S COOL THAT THE
03:28 - 53.280 5 THAT TOO AND NAMED
03:28 - 55.259 STATEMENT WITH REGARD TO WHAT
03:28 - 57.139 ARE WE NOW IN FACT WITH REGARD
03:28 - 59.209 TO EVERYTHING EXCEPT ONE WING
03:28 - 00.689 OFF. THAT'S WHAT YOU WANT
03:29 - 01.690 SECTION ONE WEEK.
03:29 - 04.929 HOW DO WE MAKE THAT NO ONE WHO
03:29 - 06.320 CAN MANIFEST THINK I'M HEARING.
03:29 - 08.869 FLIES THAT EVERYBODY
03:29 - 11.499 THANK YOU. THE UNIQUE BACK
03:29 - 12.979 HAVING MISSED IN THE
03:29 - 15.529 LEGISLATURE TIME TO CREATE
03:29 - 17.879 A LIMITATION. IT TOOK THE TIME
03:29 - 19.079 TO SELECT WHO ARE NOT
03:29 - 21.459 WITHSTANDING WHICH WE ALL GREEN
03:29 - 23.890 CLEAN IGNORE SECTION 3 O ONE.
03:29 - 26.589 THE 2 AND THEN IF YOU'RE TAKING
03:29 - 28.409 THE TIME TO YOU KNOW YOU THINK
03:29 - 30.980 MAY NOW THAT WE'RE IN A PERIOD
03:29 - 33.439 FIREFIGHTER BEFORE PLANE IN
03:29 - 35.860 QUEENSLAND. THAT ISSUE WAS NOT
03:29 - 38.179 EVERY POLL. EVEN THOUGH THEY
03:29 - 40.250 THINK HAPPENED. THE 16 MONTH.
03:29 - 42.619 IT WON'T PASS THERE WERE NO
03:29 - 45.130 APPELLATE CASES IN MY MIND
03:29 - 47.340 WE'RE GOING 500 PEOPLE OPTIONS.
03:29 - 49.330 I KNOW THAT WAS NOT THE CASE
03:29 - 51.220 ALLY PROBABLY HAVE
03:29 - 54.700 9 AND HE HAS TO FACE.
03:29 - 58.710 ASSUMING YOU'VE ANSWERED CHIEFS
03:30 - 02.970 SO THOSE CASES ARE FOR.
03:30 - 05.110 YOU MENTIONED
03:30 - 07.199 THOSE AGREE AND DISCUSS THE
03:30 - 08.999 BRIEFLY BUT YOU DON'T CALL THE
03:30 - 10.000 OVERALL WE'LL.
03:30 - 15.090 TO AGREE WITH YOU DO WE NEED
03:30 - 16.659 ALL THOSE TO CALL ALL
03:30 - 19.009 COURT CASES THEY BOTH STAND FOR
03:30 - 20.280 THE PROPOSITION THAT THEM.
03:30 - 26.649 WE ARE WEAK AND 6 OTHER IS
03:30 - 28.480 RATHER THAN JUST 600 A WEEK ONE.
03:30 - 30.380 FIRST UP
03:30 - 33.649 HI I WHILE 54 LEFT FIELD THAT
03:30 - 34.650 WE WANT TO BE
03:30 - 36.959 THAT THERE ARE ELEMENTS THE
03:30 - 39.270 VISION THAT I AGREE WITH THEM.
03:30 - 41.170 I WENT TO CATHOLIC SCHOOL FOR
03:30 - 44.709 I LEARNED THEY AFTER ALL MY 54
03:30 - 46.809 LAOS FEEL REALLY NICE AND I
03:30 - 48.669 STOPPED AUSTIN OVER THE ISSUE
03:30 - 50.520 THAT I HAVE WITH WHAT WE DON'T.
03:30 - 52.200 I DON'T THINK YOU
03:30 - 55.580 HAVE TO BECAUSE PEOPLE LIKE TO
03:30 - 00.869 WHO WITH THE SIDE IN ONE
03:31 - 03.729 SECTION 3 O ONE. THE THEY DID
03:31 - 04.730 IN THAT CASE.
03:31 - 07.490 HE LAST 500 HARDLY SERVE IN
03:31 - 09.390 2001 OUR MISSION IN
03:31 - 10.930 2014.
03:31 - 13.869 I AND NOW THIS POINT MIGHT AND
03:31 - 15.279 BARRIERS WITH FISH FOR LAOS
03:31 - 16.419 REPEAL BELIEVE THAT WE SHOULD
03:31 - 18.010 HAVE ACCESS TO DISCOVERY WILL
03:31 - 20.210 WITH SECTION 3 OH 01:00AM
03:31 - 21.619 THE SPECIALLY WHEN THE
03:31 - 22.689 COMMONWEALTH WHO IS GOING TO
03:31 - 24.479 BRING SECTION CREO ONE SEE 2 TO
03:31 - 26.369 THE DANCE. FOR DISEASES THAT
03:31 - 28.549 HAPPENED PRIOR TO WE'RE
03:31 - 30.229 BUSY THAT WOULD DIAGNOSE CANCER
03:31 - 30.960 THAT WAS DIAGNOSED
03:31 - 34.209 BEFORE AT 46 BECAME LAW THEY
03:31 - 35.679 APPLY IN THAT CASE. THEY
03:31 - 37.429 REFERENCED THE FLYING BOAT, 3
03:31 - 39.619 OH ONE C 2, 3, OH 01:00AM THEN
03:31 - 40.889 GIVE US THE DISCOVERED WHAT I
03:31 - 42.369 FOUND THAT PROBLEMATIC. THE
03:31 - 43.740 CASE FOR HOLDING IN THE CASE
03:31 - 45.330 WAS DISPOSED OF
03:31 - 47.569 BY SAYING THE SHOW IS HOLY TO
03:31 - 50.169 SECTION 3 O ONE AT THE PETITION
03:31 - 52.330 WAS FILED 600 WEEK AND YOU'RE AT
03:31 - 54.829 IN COURT. SO THERE IS NO
03:31 - 57.229 HOLDING IN FARGO AT 3 OH ONE
03:31 - 00.659 TO 2. THE FIREMEN, 3 OH ONE C
03:32 - 02.569 2. AND WE MANIFEST NATION
03:32 - 05.399 PERIOD COVID 3 O ONE F CARS CAN
03:32 - 06.999 BE YEAH I BELIEVE THAT THE SAME
03:32 - 09.569 IS TRUE IN ANY CASE AND IN
03:32 - 11.609 THE END WITH DEMAND. THE COURT
03:32 - 12.629 LOOK AT WHEN WE FILED
03:32 - 14.899 A PETITION AND REMAINED A
03:32 - 16.489 SAYING WE DID NOT HAVE THE
03:32 - 18.329 PRESUMPTION AND THEN WENT BACK
03:32 - 19.569 IN FRONT OF THE JUDGE, THE
03:32 - 20.669 JUDGE DID NOT FIND
03:32 - 22.499 OUR EVIDENCE SUFFICIENT ENOUGH
03:32 - 23.340 TO OVERCOME THE
03:32 - 26.219 FORWARD WHO IN A IN A NON
03:32 - 27.580 PRESUMPTION CANCER PLANE.
03:32 - 29.579 SO THE PLAN WAS DENIED I DON'T
03:32 - 31.399 BELIEVE IN EITHER CASE. IT WAS
03:32 - 33.409 THE HOLDING AND FIREFIGHTERS
03:32 - 34.469 HAD TO HAND
03:32 - 37.349 OVER CONGO, THE AT 3 OH ONE TO
03:32 - 38.670 2, 3, O ONE AT
03:32 - 41.529 AND LIMITATIONS PERIOD. I THINK
03:32 - 43.079 THE COMMONWEALTH COURT. A FIRE
03:32 - 44.620 FIGHT BACK AND HAPPY CASE.
03:32 - 47.309 WHEN WE LOOK AT HACKING AND PUT
03:32 - 48.580 NO 6 YOU HAPPY
03:32 - 50.649 AND STATES NEVERTHELESS AS
03:32 - 53.839 NOTED ABOVE AT 46 CREATING TIME
03:32 - 53.950 WHEN
03:32 - 55.829 THE NATION WHICH WAS ONLY THE
03:32 - 57.389 FIREFIGHTER CANCER HOMES AND
03:32 - 59.409 THE SIGHTING THAT LANGUAGE
03:32 - 01.530 COMES OUT AGREEMENT CANCELED.
03:33 - 02.710 THE FACT THAT THINGS ARE
03:33 - 04.639 DIFFERENT BUT THAT IS I MEAN
03:33 - 06.549 YOU CAN SAY THAT THE SCORE THE
03:33 - 07.959 NEXT SENTENCE IS IMPORTANT IN
03:33 - 09.760 HALF. THE COURTS NEED
03:33 - 13.129 300 FEET THAT APPLIES TO ALL
03:33 - 14.590 OTHER OCCUPATIONAL DISEASE.
03:33 - 16.299 A CLAIM FILED ON THEIR NEWS
03:33 - 18.229 THAT ONE O A R THE FIGHTING
03:33 - 20.379 CANCER SUFFERED BY 500 MAYBE
03:33 - 20.890 NAME WITHIN
03:33 - 23.199 600 LEADS IN THE LAST DAY TO BE
03:33 - 24.599 CLOSURE TO THE HAZARDS OF THE
03:33 - 25.989 DISEASE. SO I
03:33 - 27.749 THINK THAT THAT LANGUAGE IS
03:33 - 29.809 COMPLETELY CONSISTENT WITH WHAT
03:33 - 30.810 THE COMMONWEALTH COURT
03:33 - 33.029 ULTIMATELY GET IN MICHAEL
03:33 - 35.380 SOME ACT. I ALSO THINK THAT
03:33 - 37.869 WORTH NOTING THAT THIS EVENT IS
03:33 - 39.859 REALLY THE FIRST TIME WHERE WE
03:33 - 42.010 HAD A FIREFIGHTER FOR THE COURT
03:33 - 44.080 WHO MADE IT PLAIN
03:33 - 46.799 FOR CANCER. SUBSEQUENT TO THE
03:33 - 49.280 PASSAGE OF ACT 46 AND WITHIN
03:33 - 50.789 600 FEET OF HIS LATEST
03:33 - 52.919 DISCLOSURE, THE OF
03:33 - 54.819 THE JOB. ALL OF THE OTHER CASES
03:33 - 56.939 ADDING TO THE THREATENED BY AND
03:33 - 00.189 OUR COUNCIL THAT THAT DIAGNOSIS
03:34 - 03.109 HER ROUTINE AND THE 30600
03:34 - 05.049 PERIOD. BUT PRIOR TO THE
03:34 - 07.549 PASSENGER MACK 46. SO THE COST
03:34 - 08.809 WHICH AND CITES CASES
03:34 - 11.049 AT ME FREQUENTLY CITED IN SOME
03:34 - 12.569 CASES AND EVEN IN THIS LATEST
03:34 - 14.349 CASE WITH SEMINOLE THE SITTING
03:34 - 15.830 ON FIRE AND TRANSLATED.
03:34 - 18.359 THE FIREFIGHTERS AND TITLE WAS
03:34 - 21.000 IN HIS PRIME FILED IT THEY NEED.
03:34 - 24.390 THE GUY THAT HE DOESN'T CARE.
03:34 - 30.599 OBVIOUSLY BOTH BOTH COUNSELOR
03:34 - 32.429 WHO ORDINARILY BURST WORKERS
03:34 - 33.430 COMP.
03:34 - 35.929 WITH WHICH I AGREE THAT IT IS
03:34 - 37.409 IN THIS CASE IN
03:34 - 39.459 YOUR POSITION. RELATIVELY
03:34 - 40.460 SIMPLE.
03:34 - 43.270 IT SAYS WHAT IT SAYS.
03:34 - 44.580 AND
03:34 - 49.000 IF THEY DO REALLY CASE TO IT.
03:34 - 50.490 THE LEAK CASE, THANK YOU.
03:34 - 50.980 THEY
03:34 - 53.829 HAVE IT IN THE END TO A CHASE
03:34 - 55.439 IS ACTUALLY JUST BEEN LEAST OF
03:34 - 56.679 ALL BECAUSE IT DOESN'T INVOLVE
03:34 - 58.970 FIRE. THAT'S ABSOLUTELY TRUE.
03:34 - 00.779 ABSOLUTELY PACKED WITH THE
03:35 - 02.739 USUAL AND EVEN EVEN WITH REGARD
03:35 - 03.939 TO ME JUST A
03:35 - 06.340 FAIR AND JUST BECAUSE THE SCENE
03:35 - 10.610 AT THE END OF
03:35 - 12.599 THAT SEASON. THE JUSTICE KNOWS
03:35 - 14.209 KNOTS TO RATION TO THE RELEVANT
03:35 - 14.690 FACTORS
03:35 - 18.959 SET FORTH IN 1921 LEGISLATIVE
03:35 - 19.960 AND.
03:35 - 21.559 PARTICULARLY THE REMEDIAL
03:35 - 22.689 PURPOSES OF THE ACT OF THE
03:35 - 24.009 CONSEQUENCES OF HOPE AND
03:35 - 25.539 LAWYERS ELEANOR HOLMES, HER
03:35 - 27.309 PATIENTS IN THE CASE OF THE
03:35 - 28.900 LEGISLATURE DID NOT OPEN YET.
03:35 - 30.909 THE 5 PLANES FOR DISABILITY
03:35 - 32.329 OR DEATH. THE ZONING FROM
03:35 - 34.009 OCCUPATIONAL DISEASE WHICH MATH
03:35 - 36.099 THAT'S MORE THAN 300 WEEKS IN
03:35 - 38.110 THE LAST OCCUPATIONAL EXPOSURE.
03:35 - 39.720 I READ THAT BECAUSE
03:35 - 42.599 THE THE LEGISLATIVE INTENT
03:35 - 44.129 CAN'T BE IGNORED. THE PURPOSE
03:35 - 46.689 IS ALL THE FIREFIGHTER CAGE WAS
03:35 - 48.379 OPTION MORE PROVIDE A
03:35 - 50.469 BETTER ACCESS FOR BENEFITS FOR
03:35 - 52.249 ELITE AND DISEASE. IT CAN'T
03:35 - 53.919 BE IGNORED AND HUMANITARIAN
03:35 - 55.939 PURPOSES OF THE LAW AND WHEN
03:35 - 57.300 SHOULD NOT THE IGNORED.
03:35 - 01.179 I HONESTLY THEM WONDERFUL JOB
03:36 - 03.429 I THINK WE GOT IT. I WAS THERE
03:36 - 04.929 ANY OTHER QUESTIONS I'M ASKED
03:36 - 06.970 TO SUM UP IF I WAS SO MUCH.
03:36 - 08.699 AND THE LAST THING I FEEL
03:36 - 10.249 COMPELLED TO SUM SOMEBODY WHO
03:36 - 11.839 REPRESENTS FIREFIGHTERS FILL
03:36 - 12.590 OUT THE YEAR
03:36 - 14.739 IS TO RESPOND TO COUNCILS
03:36 - 16.849 SUGGESTION FIREFIGHTER, 14
03:36 - 18.329 POINT NICE TAKING CARE OF QUITE
03:36 - 19.609 NICELY BY THE WORKERS
03:36 - 21.259 COMPENSATION. IT IS TRULY
03:36 - 22.320 GROTEN REFINERY
03:36 - 24.699 THAT FIREFIGHTERS HAVE OPTIONS
03:36 - 26.279 HAVE A KIND OF SEE LONGER THE
03:36 - 27.490 HEART AND HE CAN'T.
03:36 - 29.799 I THINK THE REASON THINGS ARE
03:36 - 31.070 IN THERE AS A CLEAR
03:36 - 33.439 LEGISLATIVE ACKNOWLEDGMENT OF
03:36 - 35.219 THE RISKS THAT FIREFIGHTERS TO
03:36 - 36.989 AS WE SIT HERE. CANCER IS
03:36 - 38.670 NUMBER ONE KILLER, A FIRE.
03:36 - 40.290 IN THE COMMONWEALTH OF
03:36 - 41.780 PENNSYLVANIA WE ARE UP TO
03:36 - 43.569 40,000 PEOPLE THAT IDENTIFY
03:36 - 44.900 CAREER OR
03:36 - 46.909 VOLUNTEER FIREFIGHTERS. THEN WE
03:36 - 49.039 ADD IN THE RETIREES FROM THE
03:36 - 50.539 REAR SIDE OF PEOPLE WHO RETIRED
03:36 - 51.540 AROUND HERE SIR.
03:36 - 54.249 PLUS THE DEPENDENCE FROM THOSE
03:36 - 55.849 FROM THOSE FAMILIES WILL BE
03:36 - 57.319 WITH A DOPING. WE'RE TALKING
03:36 - 58.040 ABOUT A WHOLE LOT OF
03:36 - 59.850 PENNSYLVANIA WHO
03:36 - 02.579 THE OTHER BEING MARRIED TO THE
03:37 - 03.819 CHILDREN ALL WERE ACTUALLY
03:37 - 05.950 BEING PEOPLE WHO RUN THE FIRES
03:37 - 08.519 WHO COLE. LONNIE AND CUT OFF
03:37 - 10.590 AND DAMAGED BY THAT ROBOT CARS
03:37 - 13.110 AND ENCOUNTER PEOPLES A LOT OF
03:37 - 16.840 WE'VE GOT.
03:37 - 18.729 AND PROMISE YOU UNDERSTAND
03:37 - 20.899 YOUR PAIN AND I JUST I WHEN I
03:37 - 22.640 LEFT I KNOW WE MISS
03:37 - 24.099 I JUST DIDN'T RESPOND. BUT I
03:37 - 25.010 THINK THOSE THINGS ARE IN
03:37 - 26.539 THERE, BUT THEY DESERVE THAT'S
03:37 - 27.910 WHERE I THANK YOU VERY MUCH.
03:37 - 29.809 THANK YOU VERY MUCH TAKE A
03:37 - 31.390 FIVE-MINUTE BREAK IN THE LAST CASE
03:38 - 06.570 NEXT ARGUMENT.
03:38 - 08.199 IS APARTMENT ASSOCIATION OF
03:38 - 09.399 METROPOLITAN, PITTSBURGH
03:38 - 10.650 FORCES, THE CITY OF PITTSBURGH.
03:38 - 12.399 REPRESENTING THE CITY IS MISS
03:38 - 14.179 WENDY KOBE REPRESENTING THE
03:38 - 15.619 APARTMENT ASSOCIATION IS MISTER
03:38 - 16.870 WILLIAM ELSE TANK.
03:38 - 20.549 APOLOGIZE FOR THE TECHNICAL
03:38 - 22.299 DIFFICULTY IS ALWAYS OUR JOHN
03:38 - 24.460 R. OUR STAFF DID A GREAT JOB,
03:38 - 26.299 AND MISTRESS TANKS GOING TO
03:38 - 28.570 ARGUE BY THOUGH FROM
03:38 - 31.709 ALTHOUGH THE VIDEO WORK BUT IT
03:38 - 33.929 DOESN'T WORK IN CONJUNCTION
03:38 - 35.599 WITH AUDIO. SO IT'S GOING TO BE
03:38 - 38.689 UP ON VIDEO BUT ARGUING BY AND
03:38 - 40.060 HOPEFULLY WE'LL ALL WELL
03:38 - 41.450 AND DECEMBER
03:38 - 43.939 2015 THE CITY OF PITTSBURGH AND
03:38 - 45.409 ACT IN ORDER TO MAKE IT
03:38 - 48.849 UNLAWFUL TO DENY. A PERSON ACTS
03:38 - 50.679 AS THE HOUSE AND THE BASE THE
03:38 - 52.199 POINT HIS OR HER SOURCE OF
03:38 - 54.030 INCOME. THE TERM WITCH.
03:38 - 58.019 I TERM WHICH INCLUDES THE
03:38 - 59.749 FEDERAL SECTION 8 HOUSING
03:38 - 00.930 CHOICE VOUCHER PROGRAM.
03:39 - 02.749 THE TRIAL COURT
03:39 - 04.609 AND COMMONWEALTH COURT IN
03:39 - 06.089 ACCORD WITH THE BUSINESS OF
03:39 - 08.179 LOSING HER VISION AND THE HOME
03:39 - 10.049 RULE CHARTER AND OPTIONAL PLANS
03:39 - 11.909 LAW. THE CITY LACKED THE
03:39 - 13.490 AUTHORITY TO ENACT A SWORD.
03:39 - 15.999 THE COURT GRANTED A LITTLE TO
03:39 - 17.279 THE DILLARD'S AND WHETHER OR
03:39 - 18.779 NOT WHETHER THE COMMONWEALTH
03:39 - 19.470 COURT IT
03:39 - 21.799 IN COURT. WITH OUR RECENTLY
03:39 - 22.760 ISSUED AN OPINION IN
03:39 - 24.219 PENNSYLVANIA RESTAURANT AND
03:39 - 26.389 LODGING ASSOCIATION. FIRST THE
03:39 - 27.480 CITY OF IT.
03:39 - 30.889 THE FRIED INTRODUCE YOURSELF
03:39 - 31.890 AND PROCEED.
03:39 - 33.989 THANK YOU MA'AM PLEASE THE
03:39 - 35.309 COURT WHEN THE COVID FOR THE
03:39 - 36.400 CITY OF PITTSBURGH.
03:39 - 40.060 CHIEF JUSTICE
03:39 - 42.429 THEIR STATED THE CITY ENACTED
03:39 - 43.760 THIS ORDINANCE IN DECEMBER OF
03:39 - 46.750 2015. EARLIER IN THE YEAR.
03:39 - 48.559 THE U.S. SUPREME COURT HAS
03:39 - 50.839 DETERMINED THAT DISPARITY IN
03:39 - 51.400 HALF.
03:39 - 54.519 IT WAS ABOUT A THEORY FOR
03:39 - 56.999 ENFORCEMENT OF RIGHTS UNDER THE
03:39 - 58.140 FAIR HOUSING ACT.
03:39 - 01.349 THE SECTION 8 HOUSING CHOICE
03:40 - 03.500 VOUCHER PROGRAM IS A PROGRAM.
03:40 - 05.289 THOSE ADMINISTERED AS PART OF
03:40 - 06.650 THAT STATUTORY SCHEME
03:40 - 09.400 EXERCISING ITS AUTHORITY
03:40 - 11.649 UNDER THE PENNSYLVANIA HUMAN
03:40 - 14.159 RELATIONS ACT TO IDENTIFY A
03:40 - 16.039 CLASS THE CITY OF PITTSBURGH
03:40 - 17.169 IDENTIFIED THE
03:40 - 19.869 CLASS OF HOLDERS OF HOUSING
03:40 - 20.230 TRACE
03:40 - 22.679 MUSIC PROGRAMS AS INDICATED IN
03:40 - 23.989 THE REPRODUCE RECORD IN THIS
03:40 - 25.759 CASE, THE CITY DETERMINED AT
03:40 - 29.129 THAT TIME THAT 41% OF THE VIEW
03:40 - 30.500 OF THE HOUSING CHOICE
03:40 - 32.839 THAT'S HER. HOLDERS WERE NOT
03:40 - 34.429 ABLE TO EXERCISE THIS RIGHT IN
03:40 - 35.600 THE CITY OF PITTSBURGH
03:40 - 37.199 IN ACCORDANCE WITH ITS
03:40 - 39.139 OBLIGATIONS TO THE RESIDENTS OF
03:40 - 41.039 THE CITY, THE CITY ENACTED
03:40 - 42.729 THIS ORDINANCE THROUGH THE
03:40 - 43.730 LITIGATION.
03:40 - 46.259 THIS COURT HAS ALTERED THE
03:40 - 48.800 STANDARD BY WHICH IT INTERPRET
03:40 - 50.500 THE BUSINESS OF SCHOOLS
03:40 - 54.509 PROHIBITION ON ACTIONS BY
03:40 - 56.889 HOMEGROWN MUNICIPALITIES WHEN
03:40 - 58.649 THIS COURT REMANDED THE CASE TO
03:40 - 00.349 COMMONWEALTH COURT COMMONWEALTH
03:41 - 01.350 COURT.
03:41 - 04.649 DIDN'T BUY THE CORRECT STANDARD
03:41 - 06.359 THIS POINT IS ARTICULATED IN
03:41 - 07.450 THE CITY'S FREE.
03:41 - 09.949 AND SO THE CITY IS RELYING ON
03:41 - 10.780 THE AUTHORITY THAT
03:41 - 13.919 IT HAS HAS ITS OWN POLICE POWER
03:41 - 15.459 AND THE POLICE POWERS THAT ARE
03:41 - 17.850 GRANTED TO IT THROUGH THE.
03:41 - 19.789 THE PENNSYLVANIA HUMAN
03:41 - 22.089 RELATIONS ACT. AS THIS COURT
03:41 - 24.809 HAS RECOGNIZED GENERAL POLICE
03:41 - 27.539 POWERS. DO YOU SUPPORT LOCAL
03:41 - 29.410 ACTION IN FURTHER
03:41 - 34.589 A BROAD GENERAL WELFARE
03:41 - 37.569 PRONOUNCEMENT LIE. OUR 7 COULD
03:41 - 38.570 IT ENOUGH.
03:41 - 43.140 WE SPECIFICALLY SAY THAT.
03:41 - 50.559 YOU DID SAY POLICE POWER
03:41 - 52.420 ALONG WITH NOT ENOUGH, HOWEVER,
03:41 - 54.199 THE SOURCE OF INCOME
03:41 - 57.239 RELIES ON UNIQUE SITUATION OF
03:41 - 59.319 BEING ABLE TO IN AFTON
03:41 - 01.010 ANTI-DISCRIMINATION PROVISION.
03:42 - 03.199 THE STATE STATUE OF GENERAL
03:42 - 05.049 APPLICABILITY THE PENNSYLVANIA
03:42 - 05.350 HUMAN
03:42 - 08.369 RELATIONS ACT ALLOWS FOR LOCAL
03:42 - 10.669 MUNICIPALITIES REGARDLESS OF
03:42 - 13.189 MUNICIPAL STATUS TO HAVE A
03:42 - 15.569 LOCAL COMMISSION. IT HAS BEEN
03:42 - 18.579 INTERPRETED I THE STATE HUMAN
03:42 - 20.579 RELATIONS COMMISSION TO
03:42 - 22.579 AUTHORIZE MUNICIPALITIES TO
03:42 - 25.959 IDENTIFY CLASSES THAT NEED THIS
03:42 - 27.599 KIND OF ANTI-DISCRIMINATION
03:42 - 29.679 PROTECTION BASED ON THE LOCAL
03:42 - 31.549 CONCERNS AND THAT IS
03:42 - 34.159 INDEPENDENT OF STATUS AS HOME
03:42 - 36.860 RULE FOR NOT HOME AND THE FACT.
03:42 - 38.959 THE PHRA SAYS NOTHING ABOUT
03:42 - 40.449 SOURCE OF INCOME IS OF NO
03:42 - 41.450 MOMENT FOR US.
03:42 - 43.919 IT SHOULD BE OF NO MOMENT TO
03:42 - 44.920 THIS COURT.
03:42 - 49.949 THE HUMAN RELATIONS ACT HAS BEEN
03:42 - 52.119 INTERPRETED BY THE STATE HUMAN
03:42 - 53.889 RELATIONS COMMISSION TO
03:42 - 56.009 AUTHORIZE IDENTIFICATION OF
03:42 - 58.089 ADDITIONAL CLASSES, THIS
03:42 - 00.849 COURT ACKNOWLEDGED THE CONCEPT
03:43 - 02.539 OF A STATE ADMINISTRATIVE
03:43 - 06.070 AGENCY HAVING A BROAD SO
03:43 - 08.450 OF ITS STATUTORY AUTHORITY
03:43 - 09.909 WHEN IT'S DEALING WITH THESE
03:43 - 11.149 KINDS OF GENERAL WELFARE
03:43 - 12.669 PRONOUNCEMENTS THATS IN
03:43 - 15.769 FOOTNOTE 19 OF THE THE
03:43 - 16.890 RESTAURANT DECISION
03:43 - 20.069 AND THERE HAVE BEEN OTHER CASES
03:43 - 21.299 HARTMAN DECIDED BY THE
03:43 - 22.719 COMMONWEALTH COURT MADE THAT
03:43 - 24.659 CLEAR THE COURT HAS NOT YET HAD
03:43 - 25.820 A CHANCE TO ADDRESS THAT
03:43 - 28.079 INDIRECTLY PRIOR TO THAT THE
03:43 - 29.789 COURT DID ADDRESS THE CONCEPT,
03:43 - 31.659 ALTHOUGH DID NOT EXPLICITLY
03:43 - 33.579 RULE UPON IT WHEN THE CITY OF
03:43 - 34.640 PHILADELPHIA.
03:43 - 37.479 HAD A CERTAIN LOCAL STATUTORY
03:43 - 40.340 SCHEME THAT RECOGNIZED SAME SEX
03:43 - 42.610 PARTNERSHIPS AND.
03:43 - 45.790 THE CITY IS SIMPLY RECOGNIZING.
03:43 - 48.419 A PROBLEM. THAT'S BEST
03:43 - 49.949 ADDRESSED AT THE LOCAL LEVEL
03:43 - 51.490 EXERCISING A PARTY
03:43 - 53.429 THAT THE APPELLATE COURTS HAVE
03:43 - 54.160 TOLD US THAT
03:43 - 56.519 WE HAVE AND THIS IS CONSISTENT
03:43 - 56.780 WITH
03:43 - 59.719 THE RECOMMENDATIONS FOR HOW TO
03:43 - 01.169 ADMINISTER THE UNDERLYING
03:44 - 03.949 POLICY PROVISIONS THAT ARE
03:44 - 05.809 ADDRESSED AT THE FEDERAL LEVEL
03:44 - 07.269 THROUGH THE HOUSING CHOICE
03:44 - 09.979 VOUCHER PROGRAM. SINCE THE CITY
03:44 - 11.779 ENACTED THIS ORDINANCE AFTER
03:44 - 13.119 THE SUPREME COURT SAID THE
03:44 - 15.679 DISPARATE IMPACT WAS A
03:44 - 18.179 RECOGNIZABLE THEORY AND THERE
03:44 - 19.679 HAVE BEEN OTHER MUNICIPALITIES
03:44 - 21.609 THAT HAVE DONE THE SAME AND
03:44 - 22.940 THERE HAVE BEEN STUDIES
03:44 - 24.159 SOMETHING THAT IS NOT IN THE
03:44 - 25.569 RECORD OF THIS CASE BUT THAT I
03:44 - 26.759 WOULD ASK THE COURT TO TAKE
03:44 - 28.999 NOTICE OF IT IS THE CENTER FOR
03:44 - 31.350 BUDGET AND POLICY PRIORITIES
03:44 - 34.839 THAT HAS SURELY DID REPORTS OF
03:44 - 36.250 EFFICACY OF THESE
03:44 - 39.269 LINES OF A LOCAL NON
03:44 - 41.719 DISCRIMINATION AND HORSEMEN
03:44 - 44.029 PROCEEDINGS. THEY HAVE BEEN
03:44 - 45.230 FOUND EFFECT WILL
03:44 - 47.389 TO ENABLE THE POLICY
03:44 - 49.059 PERSPECTIVE THAT THE FEDERAL
03:44 - 51.630 GOVERNMENT IS TRYING TO ADDRESS
03:44 - 53.469 IT HAS BEEN TRYING TO ADDRESS
03:44 - 55.909 IT SINCE 1968 WHEN THIS WAS AN
03:44 - 58.029 ACTIVE. THE CITY OF PITTSBURGH
03:44 - 59.449 HAS REFERENCED IN THE CITY'S
03:44 - 01.659 PLEADING AND 2 NEWS TO FACE A
03:45 - 03.929 SITUATION WHERE IT HAS
03:45 - 08.219 DISCREPANCIES ACCESS TO
03:45 - 10.159 AFFORDABLE HOUSING. THE CITY
03:45 - 11.160 HAS.
03:45 - 14.839 ISSUES ABOUT DISPARITIES ALONG
03:45 - 16.809 THE ISSUES OF RACE. HOWEVER,
03:45 - 19.509 WHEN THE CITY THE IMPACT THIS
03:45 - 20.500 ORDINANCE IT DID
03:45 - 23.179 NOT FIX PRESLEY RELY ON A
03:45 - 25.689 DISPARATE IMPACT THEORY IT
03:45 - 26.690 TOUCHED UPON IT
03:45 - 30.009 AND IT'S. IS RELYING ON ITS
03:45 - 32.099 AUTHORITY TO IDENTIFY THE NEW
03:45 - 33.230 CLASS OF
03:45 - 36.039 THE HOLDERS BOUCHER HOLDERS BY
03:45 - 37.319 DEFINITION OF THAT FEDERAL
03:45 - 39.789 PROGRAM. LOW
03:45 - 42.079 INCOME RESIDENTS. LOW INCOME
03:45 - 43.229 RESIDENTS IN THE CITY OF
03:45 - 45.519 PITTSBURGH 2. THE
03:45 - 47.039 WITH THAT THAT'S THEM TO BE
03:45 - 48.649 AFRICAN-AMERICAN BASED ON THE
03:45 - 50.929 STATISTICS THAT HAVE BEEN
03:45 - 53.859 REVIEWED EXTENSIVELY ABOUT THE
03:45 - 55.270 DEMOGRAPHICS OF THE CITY
03:45 - 57.799 LOOKING CLOSELY AT. BUT THE
03:45 - 59.790 CITY'S ECONOMIC ISSUES ARE
03:46 - 02.099 AND POLICY PRIORITIES THAT THE
03:46 - 03.540 CITY NEEDS TO ADDRESS.
03:46 - 05.559 IT'S GOT TO BE A PENCIL.
03:46 - 07.309 I'M SURE THERE, I'M
03:46 - 08.929 SORRY BUT THE BIG QUESTION, THE
03:46 - 11.210 RED. THE COUNCIL.
03:46 - 14.109 MY CONCERN IS WHAT YOU'RE ARE
03:46 - 14.350 GOING
03:46 - 17.229 TO LAST IS THAT WHAT IT MEANS
03:46 - 18.650 THAT YOU CORLEY IMPOSED.
03:46 - 20.519 I HAVE A THE
03:46 - 23.379 CERN HERE THAT IS THE CITY'S
03:46 - 26.709 POSITION THAT'S IT HAS ITS
03:46 - 28.720 POLICE POWERS IMPOSED
03:46 - 30.350 AN OBLIGATION
03:46 - 33.499 GOING AGAINST A FUNDAMENTAL
03:46 - 35.060 CONSTITUTIONAL RIGHT TO HAVE
03:46 - 36.240 PROPERTY.
03:46 - 38.100 WHEREAS THE PHILADELPHIA
03:46 - 39.219 ORDINANCE WAS TO END
03:46 - 40.740 DISCRIMINATION AND PERMIT.
03:46 - 43.949 SAME SEX COUPLES, THE BUILDING
03:46 - 45.569 TO HELP THE CONTRACT WILL
03:46 - 47.099 REMEMBER INSURANCE COMPANY IS
03:46 - 50.239 COMPLETELY DIFFERENT. THEN YOUR
03:46 - 52.420 SUGGESTION THAT THE CITY
03:46 - 54.809 GOVERNMENT HOUSE, THE RIGHT TO
03:46 - 58.519 IMPOSE RESTRICTIONS OR IN HOMES
03:46 - 01.419 OBLIGATIONS ON A FUNDAMENTAL
03:47 - 02.640 RIGHT OF PROPERTY OWNERSHIP.
03:47 - 04.600 AND IT'S GOING TO BE.
03:47 - 07.829 PROBABLY CHALLENGE DOWN THE
03:47 - 09.269 LINE OF PEOPLE PROTECTION FOR
03:47 - 11.219 THOSE WHO OWN PROPERTY BUT
03:47 - 12.999 DON'T TO CORRECT FROM HERE
03:47 - 15.339 WITH ME. WHY ARE WE WERE
03:47 - 16.989 FITTING OR WHY
03:47 - 19.199 ARE WE THAT BEING A
03:47 - 20.859 CONSTITUTIONAL CHALLENGE IF WE
03:47 - 22.739 WERE TO AGREE WITH YOU. WE'RE
03:47 - 23.880 GOING TO SINK THAT.
03:47 - 28.189 QUITE SIMPLY THIS IS NOT
03:47 - 30.899 A TAKING AS THAT IS UNDERSTOOD
03:47 - 33.519 BY STATE LAW AND WE WOULD EXPECT
03:47 - 34.689 THAT IT WOULD NOT FOUND THE
03:47 - 36.920 TAKING. UNDER FEDERAL LAW.
03:47 - 39.519 UNDER STATE LAW. WHAT IS
03:47 - 41.939 HAPPENING IS NOT
03:47 - 43.249 ANYTHING THAT EVEN
03:47 - 45.569 SOUNDS LIKE EMINENT DOMAIN THE
03:47 - 47.519 CITY IS NOT EXERCISING ANY
03:47 - 48.939 EMINENT DOMAIN POWERS. IT IS
03:47 - 49.870 NOT TAKING
03:47 - 52.469 ANY PROPERTY. THE UPTICK BUT
03:47 - 54.070 MAKE IT THEY TAKE THAT FAR.
03:47 - 57.099 SO IF THE HOMEOWNER TO SAYS
03:47 - 58.140 NOT THE MEAT.
03:47 - 01.649 THE REQUIREMENT IMPOSED BY
03:48 - 02.730 SECTION 8.
03:48 - 05.589 WHAT IS THE NEXT STEP FOR THE
03:48 - 08.250 CITY INTAKE THE HOMEOWNER.
03:48 - 09.090 THE COURT
03:48 - 12.059 FOR SANCTION. AND IF THAT'S
03:48 - 13.359 TRUE BECAUSE THAT WOULD BE THE
03:48 - 15.249 ALTERNATIVE. PAUL THE
03:48 - 17.419 GUIDELINES. HOW IS THAT NOT A
03:48 - 18.639 TAKING WHEN YOU'RE TAKING AN
03:48 - 20.110 INDIVIDUAL RIGHT.
03:48 - 22.749 CONSTITUTIONAL FUNDAMENTAL
03:48 - 23.760 RIGHT TO PROPERTY.
03:48 - 29.699 PEOPLE DO HAVE A FUNDAMENTAL
03:48 - 31.290 CONSTITUTIONAL RIGHT.
03:48 - 33.309 WHEN THEY OWN PROPERTY BUT
03:48 - 35.169 NOT NECESSARILY OPERATORS
03:48 - 37.539 LANDLORDS BY BEING A LANDLORD
03:48 - 39.080 FROM OPERATING THE BUSINESS.
03:48 - 41.889 THE LANDLORDS ARE ALREADY
03:48 - 43.969 PROHIBITED FROM CONDUCTING
03:48 - 46.529 THEIR RENTAL BUSINESSES IN IN A
03:48 - 48.050 DISCRIMINATORY FASHION.
03:48 - 50.749 ARGUMENT TO THE LEFT CIRCLE
03:48 - 52.909 OF CREAM THE MAYOR PITCHFORD
03:48 - 54.599 SHOULD OPEN UP THE MUNICIPAL
03:48 - 55.870 BUILDING ON GRAND STREET.
03:48 - 58.229 HOW PEOPLE ACCEPT SECTION 8
03:48 - 59.230 VOUCHERS.
03:49 - 01.309 WELL THERE WOULD BE IF WE'RE
03:49 - 02.909 GOING TO GET TO THIS LOGICAL
03:49 - 05.349 FREE. WELL I THINK WE'RE MAKING
03:49 - 06.969 A LOT OF ASSUMPTIONS BETWEEN
03:49 - 09.069 WHAT I SAID AND THAT HAS THE
03:49 - 10.660 PURPORTED LOGICAL EXTREME.
03:49 - 13.349 MISTER JUSTICE BECAUSE THE
03:49 - 15.320 CITY COUNTY BUILDING. IT'S NOT
03:49 - 16.869 HABITABLE FOR
03:49 - 18.969 RESIDENTIAL DWELLING AND SO
03:49 - 20.270 WE'RE TALKING ABOUT.
03:49 - 23.679 IMPOSING REQUIREMENTS
03:49 - 25.349 ABOUT SOMETHING THAT LANDLORDS
03:49 - 26.749 ARE ALREADY SUPPOSED TO BE
03:49 - 29.199 DOING EVEN IF WE USE
03:49 - 31.339 THIS COURT'S ANALYSIS ABOUT THE
03:49 - 33.189 POWER AND AUTHORITY TO REGULATE
03:49 - 33.880 BUSINESSES
03:49 - 35.889 THAT ARTICULATED IN THE
03:49 - 38.129 MAJORITY OPINION IN ALMA ISSUED
03:49 - 40.959 IN 2009. ALL OF THE CITY OF HIS
03:49 - 42.369 PREVIOUS DOING IS
03:49 - 45.359 REQUIRING LANDLORDS TO DO WHAT
03:49 - 46.879 THEY'RE ALREADY NOT SUPPOSED
03:49 - 49.349 TO DO LANDLORDS ARE ALREADY NOT
03:49 - 49.830 SUPPOSED
03:49 - 52.129 TO DISCRIMINATE IN PROVISION OF
03:49 - 53.459 THEIR HOUSE AND THEY ARE TO
03:49 - 54.949 HAVE THAT OBLIGATION TO HAVE
03:49 - 56.389 THAT OBLIGATION UNDER FEDERAL
03:49 - 57.699 LAW THEY HAVE THAT OBLIGATION
03:49 - 58.570 UNDER STATE LAW.
03:49 - 59.889 THE CITY OF PITTSBURGH IS
03:49 - 02.269 NEARLY IDENTIFYING A CLASS
03:50 - 04.509 OF PEOPLE THAT ARE SUFFERING
03:50 - 06.389 AND NOT BEING ABLE TO EXERCISE
03:50 - 08.739 THEIR RIGHTS TO SECURE
03:50 - 09.740 THEIR HOUSING
03:50 - 11.709 AND THIS SOURCE OF INCOME
03:50 - 13.899 ORDINANCE IS NEARLY IDENTIFYING
03:50 - 16.249 AS A CLASS THAT IS SUBJECT TO
03:50 - 17.369 ENFORCEMENT THROUGH THE
03:50 - 19.219 PROCEDURES OF THE CITY'S HUMAN
03:50 - 21.509 RELATIONS COMMISSION. I HAVE A
03:50 - 22.510 QUESTION FOR YOU.
03:50 - 24.369 BEAR WITH ME WEARING THIS
03:50 - 25.230 SECOND CLASS
03:50 - 28.129 CITY CODE. IT PERMITS YOUR
03:50 - 30.969 MUNICIPALITY TO MANDATE WHICH
03:50 - 32.270 IS THAT EARLY.
03:50 - 35.190 VOLUNTARILY THE SUBJECT.
03:50 - 39.949 THE SECOND CLASS CITY
03:50 - 41.949 CODE X PRESLEY OR
03:50 - 44.639 EXPLICITLY ALLOWS US TO MANDATE
03:50 - 46.630 SOMETHING THAT IS VOLUNTARY.
03:50 - 49.020 WE
03:50 - 52.109 HAVE IDENTIFIED AND ISSUE WHICH
03:50 - 53.379 IS SOMEWHAT UNIQUE IN THE
03:50 - 54.909 DECISION TO LA I WAS ABLE TO
03:50 - 56.669 IDENTIFY ABOUT HOUSING
03:50 - 59.199 CHOICE, VOUCHERS. UNLIKE SOME
03:50 - 00.669 OTHER DECISIONS THAT HAVE BEEN
03:51 - 02.009 PLAYED IN A MEETING BY THE
03:51 - 05.389 PARTIES THAT SAY THAT IT'S A
03:51 - 07.550 BURDEN FOR LANDLORDS TO HAVE.
03:51 - 10.069 COMPLY WITH THAT PROGRAM WHICH
03:51 - 11.889 IS OTHERWISE VOLUNTARY. THE
03:51 - 13.410 FACTS HERE ARE VERY DIFFERENT.
03:51 - 15.109 THE FACTS IN THE CITY OF
03:51 - 16.959 PITTSBURGH. ALL RIGHT THAT
03:51 - 17.380 PEOPLE
03:51 - 19.859 WHO ARE TO QUALIFY TO RECEIVE
03:51 - 21.489 THE HOUSING CHOICE VOUCHERS TO
03:51 - 23.410 BE ABLE TO EXERCISE THEIR RIGHT
03:51 - 26.179 FOR FAIR HOUSING ARE DENIED THE
03:51 - 28.859 OPPORTUNITY 41% OF THE VOUCHER
03:51 - 29.860 HOLDERS IN
03:51 - 32.679 2015. WE'RE NOT ABLE TO FIND A
03:51 - 34.209 LANDLORD THAT WAS WILLING TO
03:51 - 35.480 ACCEPT THEIR BOUCHER.
03:51 - 41.289 IN LISTENING TO YOUR RESPONSE
03:51 - 43.199 JUST AS DAUGHERTY IT HURT ME
03:51 - 45.470 THEY STILL HAVEN'T IT DOES.
03:51 - 51.470 WHY THIS IS.
03:51 - 56.859 IS LIKE SURE IT'S SAFE
03:51 - 59.240 BUILDINGS OR WHICH WE ALLOWED
03:51 - 01.059 RIGHT SO WITH RESPECT TO THE
03:52 - 03.500 6TH DAY ORDINANCE WE HELD IT.
03:52 - 10.200 BECAUSE IT DEALT WITH.
03:52 - 14.430 THE SAME ORDINANCE.
03:52 - 18.139 THEN THE STATUTE WITH ITS
03:52 - 20.939 PRINCIPAL FOCUS UNREGULATED
03:52 - 22.680 BUSINESS FOR ITS OWN SAKE, BUT
03:52 - 25.449 WE ARE. IT'S A
03:52 - 28.440 BUILDING AT. BECAUSE IT.
03:52 - 31.009 I'M SORRY WE WE UPHELD
03:52 - 33.229 A CHALLENGE THEY STRUCK DOWN
03:52 - 35.449 THAT PATH BECAUSE IT IMPOSED
03:52 - 37.660 WHAT WE CALLED NUMEROUS COMPLEX
03:52 - 38.900 AND CONTINUING.
03:52 - 46.240 CAN YOU EXPLAIN TO US WHY.
03:52 - 49.580 YOUR SITUATION IS IT FAR.
03:52 - 55.229 LORD IS STRUCK DOWN THE JERSEY
03:52 - 56.230 OF BUILDINGS ACT.
03:52 - 58.700 RATHER THAN THE 6 DAYS THAT
03:52 - 00.010 ABOUT.
03:53 - 02.609 MR. JUSTICE LACKED IF I
03:53 - 03.779 UNDERSTOOD THE COURT'S
03:53 - 05.859 REASONING DISTINGUISHING
03:53 - 06.800 BETWEEN THE
03:53 - 08.919 UNDERLYING FACTS SUFFICIENTLY
03:53 - 10.699 EXPRESS AUTHORITY THAT THE
03:53 - 12.939 MOBILE THE. HOLD
03:53 - 15.950 6 DAYS ORDINANCE IN CONTRAST TO
03:53 - 18.149 THE MUCH MORE ATTENUATED MY OWN
03:53 - 20.029 TERM ATTENUATED AUTHORITY THAT
03:53 - 21.889 THE CITY WAS REACHING FOR TO
03:53 - 23.469 JUSTIFY THE SAFE AND SECURE
03:53 - 25.579 BUILDING BACK. I BELIEVE THE
03:53 - 27.300 COURT HAD REASON THAT.
03:53 - 29.519 THE FUNCTION OF THE CITY CAN
03:53 - 30.020 SECURE
03:53 - 32.689 BUSINESS ACT. IT WAS TOO FAR
03:53 - 34.219 REMOVED IT DIDN'T HAVE A
03:53 - 36.329 SUFFICIENT NEXUS. TO THE
03:53 - 38.159 STATUTORY AUTHORITY THAT THE
03:53 - 39.960 CITY WAS RELYING UPON
03:53 - 41.889 IN CONTRAST TO THE POLLS
03:53 - 44.049 6 DAYS ORDINANCE WHERE THE
03:53 - 46.029 UNDERLYING STATUTORY SCHEME
03:53 - 49.869 EXPLICITLY ENABLE. REGULATION
03:53 - 50.100 AT THE
03:53 - 53.049 LOCAL LEVEL. WELL A COMPLICATED
03:53 - 55.469 SCHEME ABOUT WE'RE THE HOUSE
03:53 - 56.470 WHERE
03:53 - 58.179 HEALTH DEPARTMENT WOULD BE
03:53 - 00.919 LOCATED IT WOULD BE A COUNTY OR
03:54 - 02.099 IF IT WILL BE IN THE CASE OF
03:54 - 04.579 THE CITY, A CITY HAVING ACCESS
03:54 - 05.580 TO
03:54 - 11.229 STATEWIDE STATUTORY SCHEME
03:54 - 12.969 FURTHER CONTEMPLATED
03:54 - 14.680 REGULATIONS AND GUIDELINES
03:54 - 17.920 AND THAT AND SO IN THIS WALL
03:54 - 20.989 THE SOURCE OF INCOME IDENTIFIED
03:54 - 21.990 AS.
03:54 - 23.719 CLASS OF PEOPLE BEING
03:54 - 25.449 DISCRIMINATED AGAINST THE CITY
03:54 - 26.959 USING THE AUTHORITY THAT THE
03:54 - 27.860 APPELLATE COURTS HAVE
03:54 - 28.630 RECOGNIZED THAT
03:54 - 31.489 HAS 100 THE HUMAN RELATIONS ACT
03:54 - 34.349 TO SO DEFINE CLASSES. WHEN IT
03:54 - 35.539 PERCEIVES ISSUES AT THE
03:54 - 38.429 LOCAL LEVEL AND TO EXERCISE THE
03:54 - 39.639 AUTHORITY THAT THE STATE
03:54 - 42.319 STATUTE IS TO HAVE A LOCAL
03:54 - 44.209 COMMISSION WHICH AN COURSES
03:54 - 46.199 THROUGH POLICE POWERS. LOCAL
03:54 - 47.989 POLICE POWERS AND THE STATE
03:54 - 49.159 POLICE POWERS THAT ARE
03:54 - 50.949 RECOGNIZED IN THE STATEWIDE
03:54 - 53.609 MASK MANDATE TO ADDRESS THESE
03:54 - 54.859 ISSUES LOCALLY SCHOOL
03:54 - 56.389 COMMISSION THAT CAN PROMULGATE
03:54 - 58.259 RULES THE CITY HAS ALLOWED TO
03:54 - 58.890 EXERCISE
03:54 - 01.069 LEGISLATIVE POWER AND SO IN
03:55 - 02.809 THIS WAY THE STATEWIDE
03:55 - 05.149 STATUTORY SCHEME CONTEMPLATE
03:55 - 07.679 ALL THIS KIND OF ACTIVITY AND
03:55 - 08.680 DOES PUT.
03:55 - 11.750 BUSINESS CITIZENS
03:55 - 13.789 ON NOTICE, IT'S ENTIRELY
03:55 - 15.539 POSSIBLE THAT IF THEY BEHAVE IN
03:55 - 17.549 A DISCRIMINATORY MANNER. WE ARE
03:55 - 19.389 AUTHORIZED AS A GOVERNMENT WITH
03:55 - 21.090 RESPONSIBILITIES SCHOOL.
03:55 - 24.369 PRIVATE CITIZENS TO BUSINESSES
03:55 - 25.579 AS PRESIDENT WHEN YOU LOOK AT
03:55 - 26.310 OUR CHARTER
03:55 - 29.219 BUSINESSES ARE OUR CITIZENS OF
03:55 - 31.699 THIS CITY AS WELL AND BALANCING
03:55 - 32.010 ALL OF
03:55 - 34.489 THESE INTEREST LOOKING AT THE
03:55 - 36.069 RIGHTS OF EVERYONE INVOLVED
03:55 - 38.049 WITH AN EYE TOWARD THE ECONOMIC
03:55 - 39.560 HEALTH AND WELL BEING.
03:55 - 42.450 THE CITY OF PITTSBURGH
03:55 - 48.290 JUSTICE WECHT THAT IF ANY.
03:55 - 51.019 I'D LIKE TO ASK A QUESTION
03:55 - 53.289 THAT. THE BRIEFER
03:55 - 56.529 V A AND POLICE SAID. AND LIKE
03:55 - 57.530 YOUR RESPONSE.
03:55 - 00.039 EFFECTIVE IN TREATING FEDERAL
03:56 - 01.160 HOUSING SUBSIDY.
03:56 - 04.870 FROM THE SECTION 8 PROGRAM.
03:56 - 07.339 IS THE LANDLORD WILL BE FORCED
03:56 - 08.870 TO PARTICIPATE IN THE NEW
03:56 - 11.309 CHRISSY AVOID IS A VOLUNTARY
03:56 - 12.310 FEDERAL PROGRAM.
03:56 - 14.799 AND TO COMPLY WITH THE NEW
03:56 - 16.409 BIRDS FROM THE CRIME IMPOSED BY
03:56 - 18.559 THE PROGRAM SO CHECKING A
03:56 - 20.639 PROGRAM IS VOLUNTARY THAT
03:56 - 23.300 NOW BECOME IN EFFECT MANDATORY.
03:56 - 25.509 AND IT GOES ON TO POINT OUT THE
03:56 - 26.510 CONSEQUENCES.
03:56 - 29.869 UNDER THE SOURCE OF
03:56 - 32.139 INCOME ORDINANCE THE LANDLORDS
03:56 - 33.389 WILL BE REQUIRED TO SEEK
03:56 - 34.699 APPROVAL FROM THE HOUSING
03:56 - 36.299 AUTHORITY IN ORDER TO RAISE
03:56 - 37.300 RANDOM.
03:56 - 38.680 THIS IS
03:56 - 41.139 IN CONTRAST. THE STATE OF THE
03:56 - 43.109 LAW PROUD OF THE FACT THIS
03:56 - 44.110 ORDINANCE.
03:56 - 45.789 IN WHICH PITTSBURGH ROUND OF
03:56 - 47.209 PRESIDENTIAL LANDLORDS WHO
03:56 - 47.870 CHOSE NOT
03:56 - 50.319 TO PARTICIPATE. THE SECTION 8
03:56 - 51.989 PROGRAM WERE FREE TO SEPARATE
03:56 - 53.809 THEM OUT IN THE COURTROOM.
03:56 - 55.860 THE JUDGE AND CURRENT MARKET,
03:56 - 58.549 THIS ISSUE. THIS IS PRETTY
03:56 - 00.389 HONORS WHEN YOU'RE THERE YOU
03:57 - 02.549 ARE SEEING THOSE. IF YOUR
03:57 - 04.250 REQUIREMENTS AND LANDLORDS
03:57 - 06.159 THE FORCING THEM TO PARTICIPATE
03:57 - 07.160 IN THE VOLUNTARY.
03:57 - 10.009 YOU'RE FORCING THEM TO COMPLY
03:57 - 11.010 WITH FEDERAL.
03:57 - 14.410 BEFORE THEY CAN EVEN RATE.
03:57 - 20.979 IT'S HOUSING CHOICE THAT
03:57 - 23.559 TREE PROGRAM THEIR RELATIONSHIP
03:57 - 24.560 TO MARKET RATE.
03:57 - 27.459 AND SO IT IS NOT
03:57 - 29.899 TERRIBLY ONEROUS. PARTISAN
03:57 - 31.809 MANDATING PARTICIPATION IN THE
03:57 - 33.700 HOUSING CHOICE VOUCHER PROGRAM.
03:57 - 35.879 THERE'S NOTHING LIKE A
03:57 - 37.290 DIFFERENT KIND OF.
03:57 - 38.970 AFFORDABLE
03:57 - 41.079 HOUSING SCHEME THAT HAS BEEN
03:57 - 42.319 IMPLEMENTED IN OTHER
03:57 - 44.410 JURISDICTIONS RENT CONTROL
03:57 - 47.480 MANDATING THAT LAND BOARD.
03:57 - 50.030 READY THEMSELVES
03:57 - 52.089 TO RECEIVE YOU KNOW TO
03:57 - 53.249 PARTICIPATE IN THE HOUSING
03:57 - 53.550 CHOICE
03:57 - 55.409 VOUCHER PROGRAM. IT'S ACTUALLY
03:57 - 58.519 NOT AS ONEROUS FOR AS FAR FROM
03:57 - 00.780 HERE ON OUT. IT'S NOT A TRUE
03:58 - 02.140 MAN.
03:58 - 03.859 HOUSING CHOICES FROM THE
03:58 - 05.329 PERSPECTIVE OF THE RENT OR THE
03:58 - 07.419 UNDERLYING POLICY IF THE COURT
03:58 - 08.110 NEEDS TO HEAR
03:58 - 10.159 ABOUT THAT IS TO ENABLE
03:58 - 12.119 OPPORTUNITIES FOR THE HOLDER OF
03:58 - 14.590 THE VOUCHER TO RECEIVE A
03:58 - 16.629 FEDERAL A FEDERALLY BACKED
03:58 - 18.240 SUBSIDY THAT
03:58 - 20.029 TOLD THE AMOUNT THAT THEY CAN
03:58 - 20.580 AFFORD
03:58 - 23.329 PAYING RENT AND PROVIDE THE
03:58 - 25.509 LANDLORD WITH THE BALANCE OF
03:58 - 26.559 THE MARKET RATE FOR
03:58 - 28.749 THAT BRAND. THE THEORY BEING
03:58 - 30.189 THAT WITH THIS ABOUT SURE
03:58 - 31.389 SOMEBODY CAN MOVE FROM
03:58 - 33.609 AN AREA. POVERTY WHICH IS ALL
03:58 - 34.590 THAT THEY THEMSELVES COULD
03:58 - 36.499 AFFORD TO AN AREA OF HIGHER
03:58 - 38.569 OPPORTUNITY OR AS THE RESEARCH
03:58 - 39.900 DESCRIBED LOWER
03:58 - 42.449 POVERTY AND THE RESEARCH
03:58 - 45.089 ALSO SHOWS THAT WHEN PEOPLE ARE
03:58 - 46.780 ABLE TO EXERCISE
03:58 - 49.099 THEIR CHOICE WITH HIS VOUCHER
03:58 - 51.249 AS A TENANT THE OUTCOMES ARE
03:58 - 52.530 BETTER FOR THEIR CHILDREN
03:58 - 54.809 AND LOOKING AT MANY ISSUES
03:58 - 56.329 ABOUT WHAT'S GOING ON TO THE
03:58 - 58.749 WELL BEING IT IS A GREAT SOCIAL
03:58 - 59.660 BENEFIT IN
03:58 - 02.169 THIS WAY. THE CITY IS CLEARLY
03:59 - 05.339 EXERCISING ITS AUTHORITY TO
03:59 - 06.570 ENACT SOMETHING.
03:59 - 09.669 THAT'S A COVID UNDERPREPARED
03:59 - 11.710 YES. I JUST SAT THERE.
03:59 - 14.849 THE DIFFICULTY IS WHAT YOU CAN
03:59 - 17.130 STILL PLAY REGARDING THE.
03:59 - 20.159 THE CITY PARENTS PAY
03:59 - 24.859 3 I OF ITS RESIDENTS. THE WHITE
03:59 - 27.069 BOYS CLOTHES. THE PENNSYLVANIA
03:59 - 28.070 LEGISLATURE.
03:59 - 30.359 BUT IS SAID IN THE BUSINESS
03:59 - 31.609 INCLUSION IN THE HOME RULE
03:59 - 33.869 CHARTER LOVE. THEY YOU CAN'T
03:59 - 35.810 DO THAT. LET IT SIT
03:59 - 37.919 PRESS AND I E
03:59 - 41.009 U P THE ADVERB TERRIBLY
03:59 - 42.120 TERRIBLY OWNERS.
03:59 - 45.200 THAT BEING THE
03:59 - 47.269 LEGISLATION SAID EXPRESS LEE
03:59 - 48.709 PROVIDED BY STATUTES KNOW WHY
03:59 - 50.019 DO YOU THINK THE LEGISLATURE
03:59 - 52.059 HAS BUSINESS EXCLUDING IN THE
03:59 - 53.070 HOME RULE CHARTER LAW.
03:59 - 59.029 I WOULD SPECULATE. CHIEF JUSTICE
03:59 - 00.410 PAIR THAT THE REASON.
04:00 - 03.080 IT IS SO THAT BUSINESSES
04:00 - 05.070 DON'T HAVE TO WORK WITH.
04:00 - 07.920 A COMPLICATED IN CRICKET
04:00 - 10.839 PATCHWORK. POTENTIALLY
04:00 - 12.590 CONFLICTING REGULATIONS.
04:00 - 15.929 BUT. EXERCISING OUR POLICE
04:00 - 17.239 POWERS AND WE'RE LOOKING AT
04:00 - 18.240 DOING THIS.
04:00 - 19.889 I THINK THAT'S CORRECT YOU
04:00 - 21.199 KNOW HOW MANY MUNICIPALITIES
04:00 - 22.400 ARE THERE IN ALLEGHENY COUNTY.
04:00 - 24.759 YOU KNOW A 100 AND SOMETHING
04:00 - 25.760 LIKE THAT.
04:00 - 28.419 AT ONE POINT I BELIEVE THERE
04:00 - 31.719 WERE A 13533 THAT NUMBER MIGHT
04:00 - 33.660 BE DECLINING THAT.
04:00 - 39.619 JUST >>LIKE THE HYPE. YOUR
04:00 - 40.989 MCDONALD'S AND YOU KNOW THE
04:00 - 42.379 ROAD IN YOUR OWN YOUR OWN
04:00 - 44.900 STORY. SO YOU OWN A STORE.
04:00 - 46.949 A RESTAURANT. CITY OF
04:00 - 48.609 PITTSBURGH JUST THAT ACROSS THE
04:00 - 51.010 STREET. IF YOU OWN ANOTHER ONE
04:00 - 53.499 IT IS I DON'T CARE WHERE IN
04:00 - 56.139 MANY MUNICIPALITIES IN KNOW YOU
04:00 - 57.169 HAVE TO YOU AND
04:00 - 59.189 YOU HAVE. IT SAYS A CHEESE,
04:00 - 00.970 IT'S JUST A SAILOR SAID TO YOU.
04:01 - 02.210 THEY HAVE FOOD
04:01 - 04.499 CONFLICTS, THE OWNER IS
04:01 - 07.139 FEDERAL HE IT WON HIM NOT THE
04:01 - 08.359 OTHER YOU MAY EVEN HAVE INSTEAD
04:01 - 10.030 OF CLOSE TO ONE IN THIS CITY.
04:01 - 11.900 WELL QUICKLY FROM
04:01 - 13.779 MY HOUSE, SO LET'S ASSUME IT'S
04:01 - 16.289 AN APARTMENT. THE SOURCE AND
04:01 - 17.380 THERE'S A LOT OF APARTMENT.
04:01 - 18.070 IT'S A
04:01 - 21.009 SAFE BET. SO YOU'RE RIGHT THE
04:01 - 23.169 PLACE YOU WANT TO STOP IF
04:01 - 23.700 YOU NEED.
04:01 - 26.229 IT'S JUST WHO ARE YOU THEY
04:01 - 28.110 EVEN THE CITY'S POLICE POWER.
04:01 - 30.750 FOR THE HUMAN RELATIONS THAT
04:01 - 32.450 AND ACTUALLY WHAT YOU DO.
04:01 - 35.309 IT MAY LIMIT WHAT THE CITY CAN
04:01 - 37.529 NOT DO. IT JUST SEEMS TO BE
04:01 - 38.530 THAT SAID.
04:01 - 41.269 BUT YOU TRY TO USE POLICE POWER
04:01 - 42.339 AND THE THING IT'S NOT A
04:01 - 44.089 LOT OF IF YOU'RE TRYING TO GET
04:01 - 46.179 POLICE POWER IN IT IN BEFORE
04:01 - 48.289 RELATIONS ACT THAT IS VERY
04:01 - 49.290 GENERAL.
04:01 - 55.229 THE ALLEGED VICTIM IN WANT YOU
04:01 - 56.230 TO THE NEXT
04:01 - 58.309 IN IT. I THINK THE CASE IS
04:01 - 59.310 DISTINGUISHABLE.
04:02 - 05.020 LIES IN
04:02 - 08.390 THE NATION. CORPS THERE WASN'T
04:02 - 13.919 EVEN 6 DAYS WHICH SPECIFICALLY
04:02 - 14.920 ALLOWS FOR.
04:02 - 19.339 THE 68. IT WAS THOSE THAT WAS
04:02 - 20.340 CERTAINLY.
04:02 - 25.159 THEY BELIEVE THAT IT COULD BE A
04:02 - 26.749 DOUBT WAS SAFE FOR BUILDINGS
04:02 - 27.840 AND WE'VE BEEN NOT ENOUGH.
04:02 - 30.939 I DIDN'T MEAN TO
04:02 - 33.469 MAKE A QUICK POINT IS THEN SEEN
04:02 - 34.839 ME THAT THE PENNSYLVANIA
04:02 - 37.049 LEGISLATURE. DESPITE THE LOT OF
04:02 - 38.050 THEM.
04:02 - 42.769 THOSE 5 PEOPLE AND
04:02 - 46.009 AND IT E E AT THE END
04:02 - 48.909 WHERE PRESLEY. IT'S GOING TO BE
04:02 - 51.199 THE STATUTORY BASIS. THERE'S A
04:02 - 53.229 LOT OF A LOT MORE A LOT OF
04:02 - 55.349 QUICK FAILED STATE. AND IT'S
04:02 - 55.680 SAFE.
04:02 - 57.979 THE BUILDING IS SAFE FOR
04:02 - 59.509 BUILDINGS THAT HAVE BEEN IN
04:02 - 00.510 THAT.
04:03 - 03.769 CHIEF JUSTICE TERROR, THE CITY
04:03 - 05.689 RESPECTFULLY DISAGREES WITH
04:03 - 07.200 THAT PEDIGREE AS ASIAN.
04:03 - 09.229 ANY ORDINANCE WHICH WOULD
04:03 - 10.560 FORCE TO PROHIBIT
04:03 - 11.870 DISCRIMINATION.
04:03 - 13.620 A STATUE
04:03 - 16.669 STATEWIDE APPLICATION ALLOW HAS
04:03 - 17.630 BEEN INTERPRETED THAT
04:03 - 20.809 US CAR. IT WILL ALLOW LOCATIONS
04:03 - 22.999 TO IDENTIFY CLASSES THAT
04:03 - 24.889 REQUIRE PROTECTION FROM
04:03 - 27.349 DISCRIMINATORY CONDUCT. THIS
04:03 - 29.289 MISSES KNOW THAT THEY'RE NOT
04:03 - 32.120 ALLOWED TO DISCRIMINATE IN.
04:03 - 35.850 JUST AS THERE'S QUESTIONS
04:03 - 39.830 ASKED YOU. TO TO TO SAT US.
04:03 - 42.249 THE BUSINESS EXPLOSIONS AND
04:03 - 43.250 INSTEAD.
04:03 - 49.369 WE HAVE A STATUTE HERE IN AND
04:03 - 50.130 YOU ONLY GET
04:03 - 51.869 AROUND IT. IF YOU HAVE
04:03 - 52.870 SOMETHING LIKE IN THE
04:03 - 54.079 PENNSYLVANIA RESTAURANT AND
04:03 - 55.759 LODGING CASE WE HAD THE DISEASE
04:03 - 59.049 PREVENTION AND CONTROL. TO THE
04:03 - 00.050 CONTRARY.
04:04 - 04.679 SPECIFICALLY DOES NOT SAY
04:04 - 06.129 ANYTHING ABOUT SOURCE OF INCOME
04:04 - 07.530 SO IF YOU WANT TO ADD.
04:04 - 12.840 IN IT ONCE AGAIN, IT SEEMS LIKE.
04:04 - 16.269 IT'S ABOUT SOMETHING MUCH MORE
04:04 - 17.979 LIKE THE SECURE SAFE BUILDINGS
04:04 - 21.610 ACT THEN WE ARE THE A SICK DAY.
04:04 - 26.290 IT COULD
04:04 - 28.339 ACRE ITSELF TO THE TO THE
04:04 - 29.620 DISEASE PREVENTION LAW.
04:04 - 35.909 OTHERWISE THE BUSINESS
04:04 - 38.439 EXCLUSION WOULD INSIST. AND
04:04 - 40.919 THEN YOU ALSO A RESULT, THE HRA
04:04 - 43.070 SPECIFICALLY JUST NOT THERE.
04:04 - 51.439 AND ASK FOR THIS AUTHORITY FOR
04:04 - 52.440 THE CITY OF PITTSBURGH.
04:04 - 55.519 RESPECTFULLY MISTER JUSTICE
04:04 - 57.669 WECHT THE CITY SHOULD NOT HAVE
04:04 - 00.709 TO THE THE STATE STATUTE THAT
04:05 - 03.219 PROHIBITS DISCRIMINATION IN
04:05 - 06.259 HOUSING AND FOR BUSINESSES THAT
04:05 - 07.260 THAT.
04:05 - 09.359 A HOUSING AVAILABLE TO
04:05 - 10.889 PEOPLE IF PARTY HAS AN
04:05 - 13.340 OBLIGATION TO NOT DISCRIMINATE
04:05 - 15.780 THAT SAME STATE LAW
04:05 - 18.219 HAS BEEN CONSISTENTLY
04:05 - 19.799 INTERPRETED THE FEW TIMES IT
04:05 - 21.519 HAS BEEN ON THIS ISSUE BY THE
04:05 - 23.760 APPELLATE COURTS TO ALLOW
04:05 - 25.889 A LOCATION, NOT
04:05 - 28.019 HOME RULE ANY LOCATION ANY
04:05 - 29.979 MUNICIPALITY IS ALLOWED TO
04:05 - 33.369 IDENTIFY A CLASS THAT IS BEING
04:05 - 34.600 DISCRIMINATED AGAINST
04:05 - 36.689 AND THEN ACT LOCAL LEGAL
04:05 - 38.669 PROTECTION FOR THAT CLASS
04:05 - 41.490 AGAINST DISCRIMINATION IN THIS
04:05 - 43.880 ASIAN AS EMPLOYMENT AND HOUSING.
04:05 - 46.059 THE STOCK YOU AGAIN AND I
04:05 - 47.520 DON'T WANT JUST LIKE THE NIGHT
04:05 - 54.220 NATION HERE.
04:05 - 56.169 I KNEW YOUR ARGUMENT, IT'S
04:05 - 57.690 DISCRIMINATION DETROIT RED.
04:05 - 00.110 EVERYBODY
04:06 - 01.329 GETS THEM MOVING IT INTO
04:06 - 03.039 WHEREVER THEY WANT TO MOVE MANY
04:06 - 05.259 KIDS AS MANY DOGS IN MANY YEARS
04:06 - 06.609 AND MANY CIGARETTES
04:06 - 08.999 THEY WANT BECAUSE ANYTHING ELSE
04:06 - 10.609 IS DISCRIMINATORY IN THE
04:06 - 12.409 CHARGING RENT TO IS THIS CAN
04:06 - 12.800 THE COURT.
04:06 - 15.429 THE 5TH AND MOVE IT TO LAW
04:06 - 17.139 SCHOOL ARGUMENT DOESN'T FLY IN
04:06 - 18.140 THE REAL WORLD.
04:06 - 22.280 MISTER CHIEF JUSTICE.
04:06 - 24.559 THE HOUSING CHOICE VOUCHER
04:06 - 26.080 PROGRAM HOLES,
04:06 - 29.420 PARTICIPATING LANDLORDS MARKET
04:06 - 30.750 RENT.
04:06 - 33.010 UP TO 30 OR
04:06 - 35.499 40% COMES FROM THE 10 AND THE
04:06 - 38.389 BALANCE COM. THE CREW. THE
04:06 - 40.030 PUBLIC HOUSING AUTHORITY.
04:06 - 41.460 THE LANDLORD
04:06 - 45.639 THE SCENE WITH PREDICTABLE THE
04:06 - 49.179 REGULAR MARKET RATE. FOR THE
04:06 - 50.630 WELLING INHABITED
04:06 - 53.789 BY A TENANT IN POSSESSION OF A
04:06 - 55.389 HOUSING CHOICE VOUCHER MISS
04:06 - 56.829 KOBE EITHER YOU'RE PROBABLY
04:06 - 58.320 JUST ABOUT TO WRAP UP.
04:06 - 00.179 I WANTED TO GO BACK BRIEFLY
04:07 - 02.239 TO YOUR STATEMENT ABOUT THIS
04:07 - 05.290 NOT BEING TERRIBLY ONEROUS FOR
04:07 - 07.360 LANDLORDS.
04:07 - 11.990 THIS WOULD
04:07 - 13.619 BE ONEROUS TO WHAT DEGREE IT
04:07 - 15.179 WOULD BE ONEROUS RECENT
04:07 - 17.759 WOULD BE BECAUSE THIS CASE IS
04:07 - 19.099 HERE ON SUMMARY JUDGMENT WE
04:07 - 20.749 DON'T HAVE ANY RECORD. ONE WAY
04:07 - 22.069 OR THE OTHER ON THAT ISSUE TOO
04:07 - 23.070 LATE.
04:07 - 25.109 THE RECORD BEFORE THE COURT
04:07 - 26.600 WAS STIPULATED FAT
04:07 - 31.049 WHICH INCLUDED CITY HOUSING
04:07 - 32.050 AUTHORITY.
04:07 - 35.230 THE GUIDELINES ABOUT THIS
04:07 - 37.469 AND SO THE REQUIREMENT FOR A
04:07 - 39.139 LANDLORD TO PARTICIPATE IN THE
04:07 - 41.269 HOUSING, THE VOICE THAT'S YOUR
04:07 - 43.529 PROGRAM ARE INCLUDED IN THIS
04:07 - 45.710 RECORD. AND WHEN WE COMPARE
04:07 - 48.890 WHAT THOSE REQUIREMENTS ARE 2
04:07 - 50.990 THE REQUIREMENT OF
04:07 - 53.919 HAVING HABITABLE WELLING ONE IS
04:07 - 56.249 THE BUSINESS OF THE RESIDENTIAL
04:07 - 57.600 DWELLINGS IT IS
04:07 - 59.779 IT IS NOT TERRIBLY ONEROUS WHEN
04:07 - 01.940 ONE LOOKS AT THE FACTS THAT.
04:08 - 04.809 THERE ARE SOME ADJUSTMENTS THAT
04:08 - 05.840 NEED TO BE MADE TO THE
04:08 - 08.619 EXPRESSION, SOME SOME TURNS
04:08 - 10.249 NEED EXPLICIT IN THE LEAST THAT
04:08 - 11.309 ARE NOT REQUIRED BY THE
04:08 - 13.289 LANDLORD TENANT ACT THERE'S
04:08 - 14.659 NOTHING IN THE LAMBERT FROM AN
04:08 - 15.910 ACT THAT PROHIBITS.
04:08 - 18.580 PREVENTING
04:08 - 20.519 DISCRIMINATION ADDING THESE NEW
04:08 - 22.509 REQUIREMENTS AND THESE ARE NOT
04:08 - 23.669 OVERLY ONEROUS THE
04:08 - 27.149 LEVEL OF ADDITIONAL OBLIGATION
04:08 - 28.779 THAT IS BEING IMPOSED FOR THE
04:08 - 30.350 SAKE OF AVOIDING
04:08 - 32.519 DISCRIMINATORY CONDUCT. ALREADY
04:08 - 34.410 MADE LEGAL AT THE SCHOOL LEVEL.
04:08 - 41.669 JUST YOUR PERSPECTIVE THOUGH
04:08 - 43.429 JUST THAT FLECK THE LANDLORD
04:08 - 44.430 PERSPECTIVE.
04:08 - 47.319 I HAVE TO SAY THAT THE
04:08 - 48.679 LANDLORDS HAVE BEEN FIGHTING ME
04:08 - 51.689 TO KNEEL FOR YEARS AND SO HIM
04:08 - 52.870 WOULD SEEM TO THINK
04:08 - 55.369 THAT HURTS IT'S A BALL.
04:08 - 57.409 THE MODEL HE SAYS PARA MI
04:08 - 58.939 ONEROUS BUT WHEN YOU LOOK AT
04:08 - 00.769 THE ADDITIONAL TERMS THAT ARE
04:09 - 02.270 REQUIRED BY THE MODEL LEASE.
04:09 - 04.219 THE NAME OF THAT AND THEN THE
04:09 - 05.720 NAME OF THE LANDLORD.
04:09 - 09.099 THE ADDRESS OF THE PROPERTY A
04:09 - 10.770 FEW OTHER DETAILS LIKE THAT
04:09 - 12.989 INCLUDING THAT BEFORE THEY
04:09 - 14.749 LEAVE SHOULDN'T BE SOMETHING
04:09 - 15.899 THAT'S AT ISSUE, ALTHOUGH IT
04:09 - 17.409 HAS BEEN ARGUED PREVIOUSLY
04:09 - 18.869 BEFORE THIS AND OTHER
04:09 - 21.349 APPELLATE COURTS. WHAT'S
04:09 - 22.979 POTENTIALLY OF MORE CONCERN AND
04:09 - 24.719 I KNOW THAT I'M I'M RAISING A
04:09 - 26.189 VULNERABILITY THAT NONE OF YOU
04:09 - 28.449 HAVE ASKED TO SPEAK ABOUT IS
04:09 - 30.080 THE CRIMINAL BACKGROUND CHECK.
04:09 - 32.850 BUT EVEN THAT SHOULD NOT BE.
04:09 - 35.219 OF CONCERN FOR LANDLORDS
04:09 - 37.839 BECAUSE THAT'S PART OF JUST THE
04:09 - 39.780 WARM-UP WILL POWER AND SO.
04:09 - 42.049 WE'RE ALLOWED TO PREVENT
04:09 - 43.669 DISCRIMINATION BASED ON THE
04:09 - 46.089 STATE STATUTE. OUR LOCAL POLICE
04:09 - 48.270 POWERS GIVE US THE RIGHT TO.
04:09 - 53.490 THE VERY CAREFUL ABOUT WHO IS.
04:09 - 56.690 WHO IS
04:09 - 59.299 PROVIDING RESIDENTIAL. THE
04:09 - 01.399 SMALL PEOPLE THE CITY IS
04:10 - 03.069 ALLOWED AND IT HAS BEEN
04:10 - 04.749 RECOGNIZED TO HAVE A RENTAL
04:10 - 06.829 REGISTRY. THAT'S ANOTHER ASPECT
04:10 - 08.389 OF SECOND CLASS CITY CODE WHICH
04:10 - 09.350 IS NOT AT ISSUE IN
04:10 - 11.939 THIS CASE. BUT FOR AN OVERALL
04:10 - 14.089 THEIR HOUSING SCHEME TO PRODUCE
04:10 - 15.889 TO PROVIDE AFFORDABLE HOUSING
04:10 - 17.259 FOR THE TENANTS OF THE CITY OF
04:10 - 19.439 PITTSBURGH. THIS IS JUST ONE
04:10 - 21.649 PIECE OF IT. AGAIN
04:10 - 24.569 SUMMING UP THE STATE STATUTE
04:10 - 26.139 THAT TRIP PREVENTS
04:10 - 28.159 DISCRIMINATION ON THE BASIS OF
04:10 - 29.160 HOUSING
04:10 - 31.409 IS IT CRAFT A PARTY FOR THE
04:10 - 33.549 CITY OF PITTSBURGH THAT STATUTE
04:10 - 35.900 HAS BEEN INTERPRETED TO ALLOW
04:10 - 38.869 APPELLATE EASE TO IDENTIFY
04:10 - 40.589 CLASSES THAT ARE SUBJECT TO
04:10 - 41.899 DISCRIMINATION AT THE LOCAL
04:10 - 43.799 LEVEL. THE CITY OF PITTSBURGH
04:10 - 46.000 HAS DONE SO WHEN AND IDENTIFIED
04:10 - 48.599 THE PEOPLE WHO HOLD HOUSING
04:10 - 51.149 CHOICE, VOUCHERS WHO ARE DENIED
04:10 - 53.549 THE OPTION TO USE THAT THAT
04:10 - 55.489 ENTITLE WHO THEN BECAUSE THE
04:10 - 57.630 LOCAL LANDLORD COMMUNITY
04:10 - 59.350 REFUSES TO PARTICIPATE.
04:10 - 01.089 THANK YOU VERY MUCH THIS WAS
04:11 - 02.090 THAT MISTER SPANN.
04:11 - 04.559 YEAH, THANK YOU TELL
04:11 - 05.779 YOUR HONOR MAY IT PLEASE THE
04:11 - 07.739 COURT MY NAME IS BILL BANG, I
04:11 - 09.049 REPRESENT THE DEPARTMENT OF
04:11 - 10.309 EDUCATION METROPOLITAN
04:11 - 12.699 PITTSBURGH. I WANT TO START OFF
04:11 - 14.819 BY SAYING THAT THE PLANE I THE
04:11 - 16.719 LADY I THINK THAT IN A PLAIN
04:11 - 17.869 READING OF THE COMMONWEALTH
04:11 - 20.999 COURT. MARCH 2020 OPINION SHOWS
04:11 - 21.420 THAT IT
04:11 - 23.639 CORRECTLY ANALYZE THE SECOND
04:11 - 24.979 CLASS CITY CODE AND THE
04:11 - 26.419 PENNSYLVANIA HUMAN RELATIONS
04:11 - 27.420 ACT.
04:11 - 30.559 IT I I WANT TO MAKE ONE POINT
04:11 - 32.289 ABOUT THE CONSTITUTION THEY HAD
04:11 - 33.369 BEEN MADE YET AND THEN
04:11 - 35.789 2 POINTS ABOUT THE STATUTES
04:11 - 37.739 THAT HAVE REALLY BEEN MADE IT
04:11 - 38.260 STARTING WITH
04:11 - 40.759 THE CONSTITUTION. AND HERE'S
04:11 - 42.459 WHAT I THINK IT'S IMPORTANT THE
04:11 - 44.449 LONG RULE AUTHORITY. IT
04:11 - 46.899 STARTS WITH. ARTICLE 9 SECTION
04:11 - 48.969 2 OF THE CONSTITUTION. AND IT'S
04:11 - 51.020 THE PENNSYLVANIA CONSTITUTION
04:11 - 53.470 THAT MAKES ROLE FOR A T
04:11 - 55.829 SUBJECT TO THE LIMITATIONS
04:11 - 58.729 PROVIDED BY THE LEGISLATURE AND
04:11 - 01.279 THE BUSINESS EXPLOSION ADOPTED
04:12 - 03.949 BY THE LEGISLATURE IS DIRECTLY
04:12 - 04.440 AIMED
04:12 - 06.919 AT LIMITING THE POWER OF HOPE
04:12 - 08.489 GIRL, YOU KNOW THE COUNTY AND
04:12 - 09.829 AND I THINK WE ALL KNOW WHAT A
04:12 - 11.640 STATEMENT IT'S PROBABLY WRITTEN
04:12 - 13.829 6 TIMES IN EVERYBODY GREAT
04:12 - 15.529 FINISH CAME OUT JUST TO
04:12 - 16.789 PARAPHRASE IT AND
04:12 - 19.099 SAY THAT THE MUNICIPALITY THAT
04:12 - 20.710 TOPS OUR HOME RULE CHARTER
04:12 - 21.550 SHALL
04:12 - 24.789 NOT DETERMINED THE REQUIREMENT
04:12 - 26.289 PLACE TO FIND BUSINESSES AND
04:12 - 27.370 HERE'S THE IMPORTANT PART
04:12 - 30.099 EXCEPT AS EXPRESSLY PROVIDED BY
04:12 - 32.899 STATUTES. SO IT'S JACKET THAT
04:12 - 34.419 DOUBLE IN EVERY PART
04:12 - 36.369 OF THAT COMMONWEALTH SO SO HERE
04:12 - 37.999 WHERE THAT TAKES US. WHAT
04:12 - 39.000 STATUTE
04:12 - 41.769 ARE THEY CITY OR IS THIS CITY
04:12 - 43.569 RELYING ON BOTH IN THEIR GRIEF,
04:12 - 45.329 THEY'RE RELYING ON TOO. THE
04:12 - 46.010 SECOND CLASS
04:12 - 48.279 CITY CODE AND THE PENNSYLVANIA
04:12 - 49.650 HUMAN RELATIONS COMMISSION.
04:12 - 51.769 I I THINK WE CAN DISPENSE VERY
04:12 - 53.679 QUICKLY WITH THE SECOND CLASS
04:12 - 55.629 CITY CODE BIG FOR 2 REASONS
04:12 - 55.910 FIRST
04:12 - 57.889 OF ALL, AND IT WASN'T REALLY
04:12 - 59.689 RELIED ON DURING ORAL ARGUMENTS
04:12 - 01.000 TODAY BUT TO THE EXTENT THAT
04:13 - 02.750 THERE IS ANY DOUBT ABOUT IT.
04:13 - 05.250 I NOTICED THAT JACK
04:13 - 08.049 JANE SECTION OF THE SECOND CLASS
04:13 - 10.079 CITY CODE. IT WAS RELIED ON BY
04:13 - 11.569 THE CITY IN THE PENNSYLVANIA
04:13 - 13.559 RESTAURANT CASE AND IN THAT
04:13 - 16.529 CASE. THIS COURT THAT TYPICALLY
04:13 - 18.250 LOOK AT THAT SECTION
04:13 - 21.489 23.58. AND THE SECOND CLASS
04:13 - 23.649 CITY CODE AND IN IT WITH
04:13 - 24.370 RESPECT TO
04:13 - 27.129 THAT SECTION. THIS COURT STATED
04:13 - 27.380 IN
04:13 - 29.569 PENNSYLVANIA RESTAURANT THAT IT
04:13 - 30.999 WAS A BROAD ACCOUNT OF
04:13 - 31.590 TRADITIONAL
04:13 - 34.079 POLICE POWERS. BUT IT WASN'T
04:13 - 36.379 ENOUGH TO FIND EXPRESS
04:13 - 38.789 AUTHORIZATION. THE PURPOSE IS
04:13 - 39.050 THAT THE
04:13 - 41.419 BUSINESS EXPLOSION THAT IN A
04:13 - 43.069 FOOTNOTE 21 OF THE PIER
04:13 - 44.979 RESTAURANT CASE. I HOPE THAT'S
04:13 - 47.149 ALL WE HAVE TO SAY ABOUT THE
04:13 - 48.460 SECOND CLASS CITY CODE
04:13 - 50.089 AND I MOVE ON TO THE
04:13 - 51.569 PENNSYLVANIA HUMAN RELATIONS
04:13 - 54.280 ACT. NOW. IF YOU.
04:13 - 56.059 AGAIN GETTING BACK TO
04:13 - 57.270 PENNSYLVANIA RESTAURANT.
04:13 - 59.459 IF YOU COMPARE THE
04:13 - 02.159 ARGUMENT MAY FOR THE SAFE AND
04:14 - 04.279 SECURE BUILDING ACT THE
04:14 - 05.759 ARGUMENT THAT IS BEING MADE FOR
04:14 - 07.329 THE STATE. THE SOURCE OF
04:14 - 09.679 INCOME ORDINANCE AND YOU GET TO
04:14 - 11.370 BE EXACT. SAME RESULT
04:14 - 12.810 IN THE.
04:14 - 16.180 SOURCE OF
04:14 - 17.969 INCOME ORDINANCE THE EXTENT
04:14 - 19.509 THEY'RE RELYING ON THE
04:14 - 20.879 PENNSYLVANIA HUMAN RELATIONS
04:14 - 22.849 ACT THEREFORE SECTION THAT THEY
04:14 - 25.659 CITED ONE SECTION IN ONE
04:14 - 28.370 SECTION AUTHORIZES THE CITY.
04:14 - 30.279 IT CREATES A LOCAL HUMAN
04:14 - 32.519 RELATIONS. THE COMMISSION, THE
04:14 - 32.700 OTHER
04:14 - 35.629 3 SECTIONS THAT FISCAL POLICY
04:14 - 37.109 AND TALK ABOUT THE PROCEDURES
04:14 - 38.479 THAT THE COMMISSION BUT
04:14 - 40.239 AFTER FOOTBALL. BUT WHAT'S
04:14 - 41.859 IMPORTANT HERE. WHAT'S
04:14 - 43.059 IMPORTANT IS IN THE
04:14 - 44.639 PENNSYLVANIA HUMAN RELATIONS
04:14 - 47.869 ACT THERE IS NOTHING NOTHING
04:14 - 50.189 THAT COMES CLOSE. THE DOCTOR I
04:14 - 50.390 THINK
04:14 - 53.079 THE CITY TO IMPOSE BUSINESS
04:14 - 54.800 REQUIREMENTS ON LANDLORD
04:14 - 57.219 AND THERE IS NOTHING TO
04:14 - 59.659 INDICATE IN ANY WAY THAT
04:14 - 02.649 THE LEGISLATURE WAS HER MAKING
04:15 - 03.970 ANY MUNICIPALITY.
04:15 - 09.869 FORCE LANDLORDS THE PARTICIPATE
04:15 - 12.009 IN A VOLUNTARY FEDERAL HOUSING
04:15 - 14.259 SUBSIDY PROGRAM AND THE
04:15 - 16.009 OTHER THING. IF YOU WANT TO
04:15 - 17.759 LOOK AT THIS FROM MAYBE A
04:15 - 19.399 DIFFERENT PERSPECTIVE. THERE IS
04:15 - 21.249 NOTHING IN THE PENNSYLVANIA,
04:15 - 22.410 HUMAN RELATIONS ACT.
04:15 - 25.219 THIS SHOWS THE LEGISLATURE
04:15 - 27.759 INTENDED TO PERMIT THIS CITY IN
04:15 - 28.760 A GAME.
04:15 - 30.969 RIGHT THAT LANDLORDS CAP 100 A
04:15 - 32.260 LANDLORD TENANT NEXT
04:15 - 34.909 AND THE SPECIFIC RIGHT THAT I'M
04:15 - 36.849 TALKING ABOUT FOR EXAMPLE, IT
04:15 - 38.669 WOULD BE THEY'RE RIGHT. THE
04:15 - 40.519 RIGHT HAS PROVIDED IN THE
04:15 - 42.620 LANDLORD TENANT ACT WHO INCLUDE
04:15 - 44.410 IT WAIVER OF NOTICE.
04:15 - 45.510 6 IN THE LEAGUE.
04:15 - 48.080 RIGHT NOW THAT IS PERMITTED
04:15 - 49.789 IN THROUGHOUT
04:15 - 51.719 THE COMMONWEALTH THAT PART OF
04:15 - 53.069 THE LANDLORD TENANT ACT THE
04:15 - 55.339 EXACT 2ND QUARTER AND CITED IN
04:15 - 57.030 MY BRAIN. SO.
04:15 - 01.979 I THINK I THINK THAT GIVEN THAT
04:16 - 03.010 CIRCUMSTANCE.
04:16 - 05.959 THE FACT THAT THERE'S NOTHING
04:16 - 07.520 THAT THE LEGISLATURE SAID
04:16 - 09.819 THEIR MEETING ANY MUNICIPALITY
04:16 - 10.829 TO FORCE LANDLORDS TO
04:16 - 13.329 PARTICIPATE IN A VOLUNTARY
04:16 - 14.330 FEDERAL PROGRAM.
04:16 - 16.589 THEN TAKE THAT BACK TO NOW
04:16 - 17.959 SAYS THE COURT DID IN
04:16 - 19.599 PENNSYLVANIA RESTAURANT AND
04:16 - 21.190 PART OF YOUR ANALYSIS OF COURSE
04:16 - 23.199 AND TO DO WOULD BE STATUTORY
04:16 - 25.519 CONSTRUCTION ACT AND YOU TALKED
04:16 - 27.579 ABOUT INTERPRETATION AND
04:16 - 29.319 INTERPRETATION OF THE PHRASE
04:16 - 31.949 EXPRESS AUTHORIZATION, AND YOU
04:16 - 32.730 INDICATED THAT
04:16 - 35.229 EXPRESS AUTHORIZATION. IT IS
04:16 - 36.499 ESPECIALLY THE WORD EXPRESS IS
04:16 - 38.329 BASED ON COMMON USAGE AND IN
04:16 - 40.009 ADDITION. WE HAVE TO PAY
04:16 - 41.339 ATTENTION TO THE FACT THAT THE
04:16 - 43.649 GENERAL ASSEMBLY. IT DIDN'T IN
04:16 - 46.419 CAN RESULT BETTER SERVE AND I
04:16 - 48.019 THINK IT WOULD BE COMPLETELY
04:16 - 49.950 ABSURD. IF
04:16 - 53.749 IT HAS TO BE ORDINANCE IT WAS
04:16 - 55.250 PERMITTED IN THE GAME.
04:16 - 57.449 THE RIGHT THAT THE LEGISLATURE
04:16 - 59.039 HAS PROVIDED IN THE LANDLORD
04:16 - 59.320 TENANT
04:16 - 01.319 ACT THAT THAT WOULD BE A A
04:17 - 03.079 DEFINITION OF THE CHARACTER
04:17 - 04.499 FROM IT. THIS KIND OF
04:17 - 05.560 INCONSISTENCY.
04:17 - 10.859 I DON'T KNOW IF IF ANYBODY HAS
04:17 - 12.720 ANY VERY SPECIFIC QUESTIONS BUT
04:17 - 14.550 I I WOULD LIKE TO ADD.
04:17 - 18.060 BEFORE I ANSWER ANY QUESTIONS
04:17 - 19.270 THAT WE'RE
04:17 - 21.880 NOT SAYING THE CITY CAN'T
04:17 - 23.460 LEGISLATE AGAINST
04:17 - 25.619 DISCRIMINATION. WHAT WE'RE
04:17 - 26.330 SAYING
04:17 - 28.479 IS THAT THE COMMONWEALTH COURT
04:17 - 31.039 SAID AND WHAT WE BELIEVE THIS
04:17 - 32.680 COURT HAS SAID IN OTHER CASES
04:17 - 34.089 IS THAT THERE IS A
04:17 - 36.329 SIGNIFICANT DIFFERENCE. THE
04:17 - 38.469 TWEEN LEGISLATING AGAINST
04:17 - 40.779 DISCRIMINATION THAT IS BASED ON
04:17 - 41.970 AGE RACE.
04:17 - 45.059 AND DISCRIMINATION THAT IS
04:17 - 47.039 BASED ON THIS AND THIS SOURCE
04:17 - 49.159 OF INCOME THE WAY THE CITY DOES
04:17 - 51.389 IT WHEN YOU LEGISLATE AGAINST
04:17 - 54.010 DISCRIMINATION. THEY DON'T AGE
04:17 - 55.380 SEX OR RACE,
04:17 - 56.899 THERE ARE NO FISSURES
04:17 - 58.659 REQUIREMENTS FOR BURNS BEING
04:17 - 59.880 FORCED ON LANDLORDS.
04:18 - 01.809 AND NO RIGHTS ARE BEING TAKEN
04:18 - 04.550 AWAY THE BUSINESS EXCLUDE CAN
04:18 - 06.549 AND THE CONCEPT OF EXPRESS
04:18 - 08.599 AUTHORITY HAS IT REALLY COME
04:18 - 10.770 INTO PLAY. THE OTHER END.
04:18 - 13.780 SAYING IT'S IT'S NOT JUST.
04:18 - 16.720 AGE SEX AND RACE.
04:18 - 19.300 THEIR NUMBER IS HE A JAR A.
04:18 - 22.549 THE NATIONAL ORIGIN WILL JUST
04:18 - 24.869 CREATE CETERA. YOUR POINT IS
04:18 - 27.069 ISN'T IT. YOU CAN LOOK THROUGH
04:18 - 28.869 ALL OF THE MANY DAYS AND SOURCE
04:18 - 30.569 OF INCOME NOWHERE THERE AND
04:18 - 31.570 THAT YOUR POINT.
04:18 - 33.000 THAT WELL.
04:18 - 35.699 ONE OF MY POINT IS THAT YOU CAN
04:18 - 36.140 LOOK THROUGH THE
04:18 - 37.899 ENTIRE LIST AND THERE'S NO
04:18 - 39.429 REFERENCE TO A SOURCE OF INCOME
04:18 - 40.230 AND I THINK THAT'S AN
04:18 - 41.869 IMPORTANT POINT BECAUSE IF THE
04:18 - 44.060 CITY CAN RELY ON THE PHRA
04:18 - 45.749 THEN THEY NEED TO BE ABLE TO
04:18 - 47.549 POINT TO WHERE THEY SEE HIM IN
04:18 - 48.839 RELATION, JACK TALKED ABOUT
04:18 - 50.230 SORT OF INCOME AND IT DOESN'T.
04:18 - 53.469 BUT THE TONIGHT IT'S JUST A
04:18 - 55.459 STYLE. THERE'S NO REFERENCE TO
04:18 - 56.680 POVERTY IS THERE.
04:18 - 59.649 NOT IN THE SOURCE OF INCOME
04:18 - 01.240 THAT THERE'S NO DOUBT START.
04:19 - 03.979 I'M SORRY NOT IN THE VEHICLE
04:19 - 05.810 AND RELATIONS ACT, CORRECT
04:19 - 08.249 THE WRECK AND THE DISTINCTION
04:19 - 09.639 I'M MAKING THOUGH THE SOURCE OF
04:19 - 10.729 INCOME. IT
04:19 - 12.749 IS THAT IT WOULD PROHIBIT
04:19 - 14.549 DISCRIMINATION AGAINST ALL OF
04:19 - 16.400 THE ITEMS THAT JUST THE WAY
04:19 - 18.649 THAT IS REFERENCED IT'S
04:19 - 20.589 COMPLETELY DIFFERENT THEN THE
04:19 - 22.029 PREVENTING DISCRIMINATION BASED
04:19 - 22.480 ON SOURCE
04:19 - 24.649 OF INCOME BECAUSE WHEN YOU
04:19 - 26.760 BRING SORT COME INTO THE NEXT.
04:19 - 28.870 NOW YOU ARE ACTUALLY.
04:19 - 32.499 TAKING AWAY LANDLORDS RIGHT AND
04:19 - 33.070 AND IN
04:19 - 35.039 OTHER CIRCUMSTANCES, FORCING
04:19 - 36.509 LANDLORDS TO PARTICIPATE IN
04:19 - 38.089 PROGRAMS THAT THEY DON'T REALLY
04:19 - 40.430 WANT TO BE A PART OF IN THAT
04:19 - 42.759 THAT THERE'S NOT EVEN COME
04:19 - 44.349 INTO PLAY WHEN YOU ARE
04:19 - 45.819 PROHIBITING DISCRIMINATION
04:19 - 47.659 BASED ON THAT. WHAT WHAT
04:19 - 49.849 I WOULD CONSIDER THAT IT WILL
04:19 - 51.490 DEPEND MAKING RELATIONS ACT.
04:19 - 53.220 CLASSES,
04:19 - 55.469 SEX RACE, NATIONAL ORIGIN
04:19 - 57.079 SEXUAL ORIENTATION THINGS
04:19 - 57.420 LIKE THAT.
04:19 - 59.919 THE COUNCIL IS DONE YOU
04:19 - 02.739 PRETTY KNOW ON HOME RULE ARE
04:20 - 03.830 YOU TELLING ME.
04:20 - 07.989 WITH THE CITY IF YOU CAN DO
04:20 - 08.990 HERE.
04:20 - 11.050 OKAY I I
04:20 - 13.669 THINK THAT IF A NON HOMEROOM
04:20 - 15.889 COUNTY COULD NOT THEY'RE DOING
04:20 - 18.529 EITHER. THE REGION WOULD BE A
04:20 - 18.710 LITTLE
04:20 - 20.889 BIT DIFFERENT. THE NONPROFIT
04:20 - 22.289 WILL BE A TOUGH OUT ME THE
04:20 - 23.559 ARGUMENT WOULD BE THAT YOU
04:20 - 24.940 SIMPLY CANNOT FORCE.
04:20 - 27.769 YOU CANNOT FORCE A A BUSINESS
04:20 - 30.319 TO PARTICIPATE IN AN OTHERWISE
04:20 - 31.490 VOLUNTARY PROGRAM.
04:20 - 36.940 IS THAT A IN JUST A TORY.
04:20 - 39.760 I DON'T KNOW
04:20 - 41.859 IF I WOULD I DON'T KNOW IF I
04:20 - 44.669 WOULD A TAKINGS ARGUMENT I I
04:20 - 45.350 CAN SEE THE
04:20 - 47.759 LOGIC BECAUSE THAT IS THE
04:20 - 49.519 TAKING WOULD BE FORCING SOMEONE
04:20 - 50.839 TO DO SOMETHING EXPEND
04:20 - 52.139 RESOURCES ON SOMETHING THAT
04:20 - 55.159 THEY ON ON IT. YEAH, BUT ACTOR
04:20 - 56.450 FOR PRODUCT THAT THEY OTHERWISE
04:20 - 58.970 WOULD YOU WANT TO BE A PART OF.
04:21 - 02.230 BUT I ALSO THINK THAT
04:21 - 07.060 IT'S. IT'S ALMOST A BASIC.
04:21 - 12.939 THE ARGUMENT THAT IN ADDITION
04:21 - 13.320 TO THAT.
04:21 - 15.859 I WOULD ALSO LIKE TO ADD THAT I
04:21 - 17.429 THINK THAT THAT FORCING
04:21 - 18.769 LANDLORDS OR ANY BUSINESS
04:21 - 19.770 STARTED TO BECOME.
04:21 - 23.439 THE PARTICIPANTS IN A VOLUNTARY
04:21 - 25.599 FEDERAL PROGRAM. SECOND 1000
04:21 - 27.319 POINT OUT YOUR PROGRAM. IT
04:21 - 29.550 IS CONTRARY. ACTUALLY
04:21 - 34.969 PROCEDURES OR THE THAT THE
04:21 - 36.879 MANDATE OF THE PROGRAM. IF YOU
04:21 - 39.349 NOT ONLY TO COURT. THAT ALSO
04:21 - 40.350 THAT THE
04:21 - 42.110 THE.
04:21 - 45.069 THE HOUSING OFFICIALS SAY IN
04:21 - 45.510 THE RUN
04:21 - 47.369 THE PROGRAM THAT SAID ON MANY
04:21 - 48.769 OCCASIONS THAT THIS IS SUPPOSED
04:21 - 50.200 TO BE A VOLUNTARY PROGRAM.
04:21 - 51.740 THE COUNCIL AND THE
04:21 - 54.150 FOLLOW-UP FILE I MISS I THINK
04:21 - 57.540 RULING ROLE ON CHARTER.
04:21 - 59.520 SITUATION
04:21 - 03.129 WHY WAIT. I GRABBED HIM NOW OR
04:22 - 05.250 BE AS CALM BE ANY DIFFERENT
04:22 - 06.670 BETWEEN THE 2.
04:22 - 11.120 IT SEEMS
04:22 - 13.840 TO IMPLY THAT THE RESULT.
04:22 - 18.969 WE'RE DEALING WITH A 9 HOLE
04:22 - 23.400 WORLD CHARTER. THE NEW DELHI.
04:22 - 28.919 I'M VERY TO WHAT WE TALKED
04:22 - 30.999 ABOUT IN THE HEAD. IF A NEW
04:22 - 33.869 RESTAURANT. I THINK THEY SHOULD
04:22 - 34.870 BE PRETTY NOT.
04:22 - 39.010 IT APPEARS.
04:22 - 39.520 HERE'S WHY.
04:22 - 41.710 IF I COULD BUY THE F
04:22 - 42.430 PENNSYLVANIA
04:22 - 45.269 RESTAURANT CASE. IN THAT CASE
04:22 - 46.759 THAT THE CITY WOULD LIKE TO
04:22 - 48.390 ARGUE IN A SECOND ARGUMENT.
04:22 - 51.129 THE RESULT IS THE COMMONWEALTH
04:22 - 52.420 COURT THAT DECISION
04:22 - 55.039 IS IT NOT A REAL MESS UP OLLY
04:22 - 57.090 CAN PROPERLY AT THAT MORE POWER
04:22 - 58.100 EXPANDED POWER.
04:22 - 00.259 OUR THAT THE HOMEROOM HIS
04:23 - 02.499 APOLOGY DON'T HAVE TO COME HOME
04:23 - 03.460 AND TELL YOU'RE SUPPOSED TO
04:23 - 05.519 HAVE MORE IF THAT IS NOT
04:23 - 06.839 EXACTLY WHAT THE COMMONWEALTH
04:23 - 08.639 COURT SAID AND THAT IS NOT WHAT
04:23 - 10.729 THIS SUPREME COURT. IT'S NEVER
04:23 - 12.189 SAID WHAT WHAT THIS COURT HAS
04:23 - 14.899 SAID AND WHAT BE COMMONWEALTH
04:23 - 17.149 COURT HAS SAID IS THAT A HOME
04:23 - 19.039 WILL BE IN THE COUNTY. IT CAN'T
04:23 - 21.529 HAVE LESS POWER THEN ON HOME
04:23 - 22.540 RULE MUNICIPALITY.
04:23 - 25.509 THAT'S A FIGHT CLEARLY
04:23 - 27.899 BY STATUTE AND I THINK THAT
04:23 - 30.479 THAT GREAT LEFT OUT OF THE IT
04:23 - 32.789 GETS LEFT OUT OF THE GREAT IT
04:23 - 33.879 LEFT OUT OF THE CITY'S
04:23 - 36.809 ARGUMENT. THIS THIS IS WHAT THE
04:23 - 39.649 CONSTITUTION MANDATES AND
04:23 - 40.809 EVERYTHING THAT WE'RE TALKING
04:23 - 42.930 ABOUT TODAY. IT ACTUALLY CLOSED
04:23 - 45.810 FROM THE CONSTITUTION. SO
04:23 - 47.890 THE GUY MY REGION EFFECT.
04:23 - 49.539 AND WHEN DO WE TELL THE
04:23 - 51.549 DIFFERENCE IF WE WERE DEALING
04:23 - 54.419 WITH A 9 VOLT CHARGER IN HIS
04:23 - 55.420 BALLOT.
04:23 - 57.629 I I DON'T BELIEVE THAT THE
04:23 - 58.729 RESULT WOULD BE ANY DIFFERENT
04:23 - 00.390 NIGHT. I BELIEVE THE ARGUMENT.
04:24 - 01.980 IT CERTAINLY BE DIFFERENT.
04:24 - 04.139 BUT YOU OR NOT AT THE END OF
04:24 - 05.719 THE DAY I BELIEVE THE RESULT
04:24 - 07.200 WOULD BE THAT YOU CANNOT FORCE
04:24 - 08.939 THEY'RE A BUSINESS CENTER TO
04:24 - 13.380 PARTICIPATE IN A THE PROGRAM.
04:24 - 17.430 GOVERNMENTAL VOLUNTARY PROGRAM.
04:24 - 22.359 THIS JUST HANG US ONE
04:24 - 24.369 SENTENCE IS COMPLETE. HERE ARE
04:24 - 27.130 GOOD. THEY REALLY HAVE. OKAY.
04:24 - 30.049 THAT'S WHAT I WOULD SAY IS IF
04:24 - 30.510 THE CITY
04:24 - 33.719 INTERPRETATION, THE EXCEPTION
04:24 - 35.430 TO THE WORDING IS CORRECT.
04:24 - 40.889 NIKKEI A
04:24 - 43.119 STATUTORY RIGHT. IT'S RIGHT
04:24 - 44.309 THAT ARE GIVEN TO BUSINESS
04:24 - 45.790 OWNERS BY THE LEGISLATURE.
04:24 - 48.219 FOR EXAMPLE, THE RIGHT TO
04:24 - 49.760 INCLUDE A WAIVER OF NOTICE.
04:24 - 52.569 IT LAYS AND IT WOULD FOR
04:24 - 55.249 BUSINESS OWNERS. IN THIS CASE
04:24 - 56.629 RESIDENTIAL LANDLORD TO
04:24 - 58.559 PARTICIPATE IN VOLUNTARY
04:24 - 01.869 FEDERAL PROGRAM THAT THE ME IS
04:25 - 03.509 THE DEFINITION OF A SEARCH
04:25 - 05.650 RESULT. AND THAT IS NOT
04:25 - 08.029 FROM IT BY ANY OF THE STATUE
04:25 - 10.329 DISCUSS TODAY AND WELL AS THE
04:25 - 11.760 STATUTORY CONSTRUCTION, ERIC
04:25 - 14.069 AND WHICH CATCH IS THAT WE
04:25 - 15.439 HAVEN'T REALLY FOCUSED ON
04:25 - 17.240 DURING THIS HERE THANK YOU.
04:25 - 19.179 THANK THANK YOU VERY MUCH
04:25 - 20.809 THERE. THEY WILL COMPLETE OUR
04:25 - 21.810 LIST WE
04:25 - 23.980 IN RECESS FOR THE DAY.