MCFARLAND LP, : INTHE COURT OF COMMON PLEAS, Petitioner : DAUPHIN COUNTY, PENNSYLVANIA, + NO. 2016 CV 9177 MD + PETITION FOR REVIEW APPEAL OF LOCAL AGENCY © THE CITY OF HARRISBURG, Respondent + JUDGE: LE. Clark, Jr., S.J. COURT ORDER AND NOW, to wit, this 21* day of June, 2017, the Court notes the following with respect to the above-captioned matter, as the same relates to the Court’s Memorandum Opinion and Order of Limited Remand issued on May 3, 2017. Following the issuance of said Memorandum and Remand Order, the City of Harrisburg (hereinafler “City”), by its Solicitor, with the concurrence of counsel for McFarland LP (hereinafter “McFarland”), filed a Motion for a Status Conference between the Court and counsel for the City, counsel for McFarland and counsel for the City of Harrisburg Building And Housing Code Board Of Appeal (hereinafter “Hearing Board”). Pursuant to that Motion, the Court conducted an initial Status Conference among the Court and counsel for the parties and counsel for the Hearing Board, which was held on May 30, 2017. ‘Thereafter, on June 7, 2017, the Court subsequently received a First Joint Status Report and Stipulation To Stay Proceedings from the parties’ counsel, After reviewing the partics’ Joint Status Report and Stipulation to Stay Proceedings, the Court determined that it would be advisable to conduct a subsequent Status Conference. ‘Therefore, on Monday, June 19, 2017, the Court conducted such Conference with counsel to receive further updates regarding their progress towards compliance with our Limited Remand Order of May 3, 2017. 1‘The Court has been advised that the City has become privy to a prior Title Search of the real property associated with the Collapsed Wall and surrounding structures at issue in this matter, together with a prior Survey Plan of those same premises drawn by a qualified professional, ‘The City further has informed the Court that it is in the process of having those two documents reviewed by a qualified Professional Engineer. McFarland, through its counsel, has likewise informed the Court that it is in possession of that same Title Search and Survey Plan and is having the same reviewed by qualified professionals to determine whether or not it is dispositive of the ownership of the Collapsed Wall. In order to allow McFarland a reasonable, albeit expedited, period of time to complete its verification of the said Title Search and Survey Plan, the Court, at the request of McFarland, and with the concurrence of the City, has agreed to extend the deadlines for performance of the various aspects of the May 3, 2017 Limited Remand Order by twenty (20) additional days, so that such professional evaluations may be concluded, and such deadlines are HEREBY ORDERED SO EXTENDED. However, the Court is very mindful that the site of the Collapsed Wall, especially the resultant cascading debris field, continues to be a very dangerous situation to public safety in the City. ‘Therefore, although we have granted a very limited extension of time for compliance (as noted above), itis with the strongest emphasis that the Court has personally stressed to counsel for the City and McFarland that the current state of the Collapsed Wall and resultant debris field have not been adequately secured from trespass by unenlightened and/or misguided thrill seekers/graffiti aficionados. ‘The infiltration of the collapse site by such individuals has already been proven by the graffiti “tagging” of the derelict and abandoned vehicle embedded in the debris field. It is not unforeseeable that some additional trespass upon that unstable debris field could result ina further collapse of the hillside, thereby possibly causing serious injury, or worse, to such.trespassers. Indeed, the entire collapse site is, in fact, an attractive nuisance and creates a likely inresistible invitation to such trespassers who display no common sense for their own personal safety. And so, it is with special concern that we have encouraged McFarland and the City to immediately secure the collapse site in a meaningful way, thus preventing such thrill seekers and aficionados from gaining access to the premises. Additionally, and of even more concem, is that if a trespasser(s) were to become entombed or otherwise injured in an additional collapse of the debris field, the very brave and dedicated men and women of the Public Safety agencies of the City (Police Officers, Firefighters, EMTs, and others) would be called upon to effect a rescue/recovery of such trespasser(s), thereby risking the welfare and lives of those First Responders in the performance of their duties, all of which would be totally unnecessary if the collapse site was truly secure. Inasmuch as a proper physical barrier to the premises would substantially reduce or eliminate that risk, itis unconscionable to potentially place the well-being of those First Responders in harm’s way because the premises are not, in fact, secure, McFarland and the City must immediately step up to address that public danger! ISSUED AT HARRISBURG, the date first above written. BY THE COURT: JUN 2.1 2017. j cory that tne forage y cert the ofigitl Ter rae and erect cOPy- of mad. \ a egohard le od.‘Adam G. Klein, Esquire, Counsel for Petitioner, Smigel, Anderson & Sacks, LLP, 4431 North Front Street, Harrisburg, Pennsylvania 17110 Neil Grover, Esquire, Solicitor of the City of Harrisburg, 10 North Second Street, Suite 402, Harrisburg, Pennsylvania 17101-1681 James Cowden, Esquire, Solicitor of the Harrisburg Building and Housing Code Board of Appeals, Strokoff & Cowden, 132 State Street, Harrisburg, Pennsylvania 17101 Court Administrator of Dauphin County Deputy Court Administrator — Civil Sheriff of Dauphin County Senior Judges’ Chambers ~ Vasilka Mihailoff Senior Judges’ Law Clerks