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February 7, 2012

Judge denies new trial in McGaffic case

By Staff New Castle News

NEW CASTLE — Senior Judge Michael J. Wherry has denied a new trial regarding a property in downtown New Castle.

In an order of court handed down yesterday, Wherry denied a new trial “because the plaintiffs lack standing as explained in the order of court dated Dec. 21, 2011.”

Attorney Jonathan Solomon said he intends to appeal Wherry’s decision to Commonwealth Court.

Solomon and attorney Richard Harper, who represent Robert W. McGaffic and George Love, respectively, filed a motion in January asking Wherry to reverse his verdict or to grant a new trial.

In his December decision, Wherry ruled that McGaffic and Love lack standing to recover for a breach of contract regarding the former Centennial Building.

Wherry dismissed the plaintiffs’ claim that the city of New Castle breached a contract relating to a 1977 “closeout agreement” between the city and the New Castle Redevelopment Authority. The agreement stated that the city would assume debts and liabilities of the redevelopment authority.

The plaintiffs also have argued that they are owed compensation for the property that was included in an urban renewal program but never acquired by the city. The property is now part of Cascade Center at the Riverplex.

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