A class action lawsuit challenging sewer testing and repair requirements imposed on homeowners across Cambria County has taken an unusual turn after every judge in Cambria County recused themselves from the case.
The lawsuit, originally filed by homeowners against the Johnstown Redevelopment Authority (JRA) and more than two dozen municipalities, alleges residents were improperly forced to pay for private sewer line testing and repairs that attorneys argue should have been treated as a public infrastructure responsibility.
On Monday, Cambria County President Judge Linda Rovder Fleming issued an order declaring a full-bench recusal in the case. According to the order, two county judges are former solicitors for several of the defendants and are disqualified from hearing the matter. The order also states the case could have potential financial ramifications for all judges and that the circumstances could raise questions about whether disqualification is required. As a result, oral arguments previously scheduled for July 31 were canceled.
The lawsuit centers on sewer repair requirements municipalities implemented at the direction of the Johnstown Redevelopment Authority, according to attorneys representing homeowners.
The legal action alleges the JRA pushed municipalities to require private sewer testing and repairs for what attorneys contend is a public overflow problem.
The recusal order does not address the merits of the lawsuit. This means the case could be reassigned to a judge from outside Cambria County for further proceedings.