In his arguments against the Harrisburg Receiver's request for a mandamus action ordered on Harrisburg City Council, attorney Neil Grover proffered this claim to the Judge--the City's guaranteed Incinerator debt can be voided public debt because it was unconstitutionally acquired.

Grover referred to the Incinerator Forensic Audit Report findings that the debt incurred by Harrisburg was not "self-liquidating" debt despite being certified as such. In the Courtroom, Grover stated that if the Incinerator debt guarantee was voided, then the City of Harrisburg would be "much closer to a normal governmental problem" with more options at hand to face its structural fiscal challenges. He conceded that proving the massive debt is unconstitutional "is a large hurdle." However, Judge Leadbetter expressed a willingness to explore that issue more but not during the Writ of Mandamus proceedings.

by Tara Leo Auchey