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Carbondale approves settlement in lawsuit

3-17-15 Pennsylvania:

CARBONDALE — A lawsuit against Carbondale moved one step closer to settlement after city council approved a $50,000 payment.

In a suit filed last year, Leo Conway of Archbald claimed his son, Patrick, was among 15 sex offenders registered under Megan’s Law in the city but the only one forced to move under an ordinance that precluded registered sex offenders from living within 2,500 feet of a school, park or other areas where children might gather.

In July 2012, Mayor Justin Taylor contacted the Conways’ landlord and advised him that Patrick Conway’s presence violated the city’s ordinance and directed him to evict the men, according to the lawsuit. Mr. Conway argued a 2011 state Supreme Court decision in another case made Carbondale’s law unconstitutional.

The ordinance, which first passed in 2007, was amended in 2013 to include only individuals classified as “sexually violent predators” by the Pennsylvania State Police Megan’s Law Registry.

At their meeting Monday, council voted unanimously to approve $50,000 toward the settlement with the Conways. An additional $10,000 will be paid by Allied World Assurance Co., which city solicitor Frank Ruggiero said has also covered the city’s litigation costs.

“Generally speaking anytime you can settle something before going to a full trial it benefits everyone,” Mr. Taylor said following meeting.

The payment must be approved by the plaintiff’s lawyer, which Mr. Ruggiero expected in the next few weeks. ..Source.. by LUKE RANKER

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