Judge Lets YMCA's Good Times Roll While Opponents Sing the Blues

The Free Press    May 27, 2004

The fat lady has sung. It's All Over Now, Baby Blue. Feelin' Groovy. Celebration . We Heard It Through the Grapevine , the new YMCA will be Comin' Round the Mountain to Station Road, with A Little Help From Their Friends . Judge Mitchell Goldberg has ruled. If You're Happy and You Know it, Clap Your Hands.

I Won't Go On and On , but almost exactly one year ago, May 15, 2003, I wrote a column saying Don't Worry, Be Happy. The YMCA would be Dancing in the Streets , and the Steeley's challenge would be All Shook Up . The details of the recent legal decisions are Written in the Stars exactly as I predicted. Tomorrow's lottery numbers will be available on my private hotline.

Actually, this was no Magical Mystery Tour . No Fortune Teller , no Witchie Woman , no consultation with Miss Cleo. Despite the Wishin' and Hopin' of a few protestors, who tried to create a Ball of Confusion , it was never an Impossible Dream . The documents Tell The Truth . The YMCA, and Richland Township, were Fine as Fine Can Be in their partnership.

As Everybody Knows by now, two families said I Can't Go For That and tried to force the YMCA to Give it Up . Their first lawsuit, heard by Judge Goldberg, disputed the legality of the lease between Richland Township and the Y. The other, currently awaiting trial in front of Judge R. Barry McAndrews, challenges the township-approved land development plan.

Goldberg's ruling last week was a Sign O' the Times . Although McAndrews is not legally bound to follow Goldberg's Good Vibrations , many of the issues overlap. And, unless McAndrews believes that Goldberg committed serious error in his ruling, The Song Remains the Same .

The key findings by Goldberg were, " The ordinance specifically delineates that land dedicated for open space may be used for recreational purposes. A YMCA facility and all of the activities the YMCA proposes to offer personifies the term recreation."

Two weeks ago, Richland solicitor Linc Treadwell put Another Brick in the Wall . After public hearings, he provided findings to McAndrews which concluded that the YMCA land was not "open space" under township ordinances because it was Always and Forever dedicated for municipal use.

The Steeleys are now Livin' on a Prayer . One judge has already ruled that the land is open space, but such Wide Open Spaces can legally be used for a rec center. On The Other Hand , another judge's fact finder has sent The Message that the land is NOT technically open space, and, therefore, can legally be used for a rec center. Dazed and Confused ? As odd as it may sound, the conclusion was the same, based on totally opposite "facts".

So who gets the Last Laugh , and who hears Taps ?

The YMCA, which was Patiently Waiting for a ruling they fully expected, is on Cloud Nine . Their fundraising, which had been Slow Dancin' during the lawsuits, can now go on Rock Steady . The Times They Are a Changin' , and Everyday People can now Keep the Faith for the Y Stayin' Alive .

It's also a Thriller for Richland, since it appears that One Fine Day there will be a rec center in the township at no cost to the People , yet open to everyone. There are High Hopes that this Harmony between government and a non-profit agency will be a model for other towns to follow in creating civic improvements, with a Free Ride for the taxpayers.

And, For What It's Worth , Richland knows that despite the Yackety-Yak ing from a small minority, the township was Right On all along. You Gotta Fight For Your Right.

The only Loser here is that same minority, who are On the Outside Looking In . They have spent about $20,000 in legal fees so far, and found You Can't Always Get What You Want . The Beat Goes On, and they still have The Long and Winding Road of the second trial before McAndrews. If they also choose to appeal Judge Goldberg's decision, they are Playing With Fire . They must prove with facts - not opinions - that he was wrong. That'll Be the Day .

Only You Know and I Know that the problem for the protestors throughout this Sea of Darkness is the same Never Ending Story that always leaves them Singin' the Blues - they rely entirely on opinions rather than facts. Treadwell's legal conclusions actually said so, "The protestors did not provide any testimony that contradicts the credible testimony of the experts."

It is easy to say That's the Way I Like It in meetings, and to the media, but in court, when Here Comes da Judge, their arguments are Free Fallin' . I Fought the Law and the Law Won.

And the court ruling should certainly say So Long, Farewell , to such website nonsense as " This township should be obligated to reimburse these fine people for all of their legal fees and costs." Wake Up Little Susie .

And how did Lady Jane Steeley react to Goldberg's decision? It's the Same Old Song - Two Faces Have I. One for the media, a different one for the courts. Her comment to The Intelligencer was "I just fear for our open space. That has been my concern all along". Very civic-minded, right? Her $20,000 was spent For You ?

Money Can't Buy Me Love . Paragraph 34 of her lawsuit says "The lease for the construction of the Y's premises will impair, if not preclude, the use of surrounding properties...". Her property. And her real concern all along.

Why Can't We All Just get Along?