Perry County Auditors’ Complaint – DISMISSED

Today, Judge Zanic issued his decision on Sheriff Nace’s Preliminary Objections filed against the Perry County Auditors’ Complaint. A copy of the Order can be obtained here. A copy of the Decision can he obtained here.

The Order simply states, “AND NOW, this 8th day of September, 2014, the Preliminary Objection of Defendant in the nature of a demurrer is SUSTAINED and Plaintiffs’ Complaint is DISMISSED.”

The Decision reviews several of the legal issues involved and declares,

In the case at bar, we have determined that the Complaint is legally insufficient, and as such, a dismissal is required. The Auditors have failed to overcome the demurrer of the Sheriff for two clear and distinct reasons. First, the Complaint improperly seeks to increase the statutory authority of the Perry County Auditors by alleging that auditors in this Commonwealth have the duty to obtain information that was never intended by the statutory language of 16 P.S. §1721 or 16 P.S. §1724. Second, the Complaint does not make any allegation that the Sheriff’s actions have caused the Auditors to fail in performing their statutory duty to audit.

The Decision goes on to state,

Thus, the Complaint appears to be nothing more than a fishing expedition for information unrelated to the Plaintiffs’ statutory duty to audit.

Ouch…

 

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8 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

8 responses to “Perry County Auditors’ Complaint – DISMISSED

  1. Phillip Beall

    Yeah, that is pretty blunt from a judge. Based on that are you going to seek reimbursement of legal expenses incurred for the good sheriff?

    Like

  2. Way to go attorney Josh Prince! You did a fantastic job. And thank you for representing Sheriff Nace, who does his job supremely well. Big win for the people.

    Like

  3. George Losoncy

    Thank you for nipping this off at the bud. As your aware, the New York Journal, last year posted New York gun permit owners names and addresses in their newspaper. If this case would have went the other way there`s no telling what they would have done with the list.

    Like

  4. Todd Tew

    Congrats on the victory! Keep fighting the good fight.

    Like

  5. Pingback: Big win for Perry County, and all Pennsylvanians « Josh First's Blog

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