1. What if Ireland via Wendy B. insist that the PB process for cc continues during the litigation period.
2. Would not each of the PB have to recuse themselves as a biased party due to being named as a defendant by the complaint?
3. If they refused to do that, wouldn't Wendy B. have to insist on that to occur?
4. So, assume that they all recuse themselves either voluntarily or under duress.
5. Wouldn't CC then insist that the township elect a new and temporary PB just to hear their case? Would that be within their legal purview to do so?
I was just working in the garden when I thought of this scenario. It is interesting. I do not know the legal ramifications of it, however. Anyone know or care to venture an opinion?
My guess as a nonlawyer is that the PB meetings may very well continue as if the lawsuit had not been filed. The PB members were always potential or even likely defendants all along. I'm not sure that they would not be able to do their job for fear of litigation when that possibility has always been present. Again, I'm no lawyer so that is just a guess.
I would think that CC would want to go forward with the hearings since a part of their claim is that RT has been stalling. RT on the other hand would not want to be seen as stalling so assuming CC wants to continue, I'm not sure RT would not say no. I don't think either side wants to be the one to bring things to a halt.
How far the PB meetings can go is another matter. At some point, possibly soon, hearing testimony on plans that are not in conformity with the new ordinance will no longer be relevant or productive.
