A day after Pennsylvania Governor Tom Wolf issued an executive order for an emergency shutdown, closing all non-essential businesses, an area attorney filed a lawsuit seeking to challenge portions of the order.
Marc Scaringi sued the governor on behalf of four clients, including one golf course, Blueberry Hill Public Golf Course and Lounge, who question the legality of Wolf's executive action.
In the suit, the course makes a variety of claims, including that they have a 30-week season and has been operating for years as a barely break-even business. While missing out on early season revenue is a key part of their claims, the club also is concerned they'll still need to maintain the course during the emergency order without recouping any of the input cost, including contracted equipment purchase orders:
"a. Petitioner must still expend significant sums to maintain fairways and greens so that the grass thereon does not grow out of control such that the greens and fairways are ruined for future golf activities. However, Petitioner has been denied the opportunity to make use of such greens and fairways to derive the income necessary to pay for the maintenance.
"b. Spring is the time of year when certain other golf course work such as fertilization and pest control should be However, without the ability to host customers at the golf course the Petitioner is without funds to purchase the necessary maintenance supplies. Such work is dependent upon the season and when the season passes the opportunity is lost. Blueberry also had to lay off wait staff, cooks, and professional staff."
The court is almost certainly going to show tremendous deference to the executive power of the governor.