Old Forge scrapyard owner seeks stay of contempt order

David Singleton, The Times-Tribune, Scranton, Pa.
·2 min read

May 21—The owner of an Old Forge scrapyard wants a Lackawanna County judge to stay an order finding him and his business in contempt while he appeals the decision to state Superior Court.

Walter Stocki Jr., owner of Scrap Enterprises, filed an application in county court Friday asking Judge Thomas J. Munleyto grant a stay in the case until the appeals court can review the matter.

In his April 22 decision in the long-running dispute between Stocki and Old Forge, Munley held the business and its owner in contempt for disobeying court orders to clean up the property and comply with the borough zoning ordinance.

He permanently barred Stocki from operating a junkyard on the site at Rear 105 N. Keyser Ave., specifically prohibiting the sale and storage of nonoperational equipment, vehicles, machinery, scrap and parts.

In the application to stay the April order, which was filed by Stocki's attorney, Edmund J. Scacchitti, Stocki and Scrap Enterprises contended the court abused its discretion and committed "errors of law" in finding them in contempt.

In all, they listed 24 separate reasons that create a "strong likelihood" that they will prevail before the Superior Court.

Among other things, the application cited multiple instances when it said the court disregarded or failed to give fair consideration to testimony and evidence that would be favorable to Stocki and Scrap Enterprises.

It also took issue with public comments Munley made during a May 2019 site visit, when the judge expressed dissatisfaction with the condition of the property and threatened to put Stocki in jail "in violation of the defendants' substantive and procedural due process rights."

The judge's ruling last month went directly to the heart of borough's contentious battle with Stocki.

Since 2018, when Old Forge originally went to court to shut down the business, borough officials have argued Stocki is operating a junkyard in violation of the zoning ordinance.

As part of his order, Munley told Stocki to remove all nonoperational equipment from the property by June 15 and bring the site into zoning compliance by June 30. He is barred from bringing any nonoperational equipment onto the property unless it can be fixed immediately.

Contact the writer: dsingleton@timesshamrock.com, 570-348-9132