LU

This post was authored by Matthew Loescher, Esq.

Property owner Powlette filed a malicious prosecution suit against the township’s zoning code enforcement officer, Carlson, alleging that the officer engaged in intentional and malicious conduct by swearing to a second criminal complaint against the owner for operating a bed and breakfast without a conditional-use certificate after the original complaint against the owner was conditionally dismissed. The Court of Common Pleas, Montgomery County, granted the officer’s motion for judgment on the pleadings, and Powlette appealed.

After reviewing the pleadings, and construing all material accusations and all reasonable inferences therefrom in favor of

Attorney General Merrick Garland will eventually have to decide whether to appoint a special counsel on the Biden classified documents probe — while learning on guidance from a Trump-appointed US attorney.

Why it matters: Garland’s reported decision to assign the case to US Attorney John Lausch could help insulate the investigation from accusations of political bias, especially if the outcome involves no findings of criminal wrongdoing.

• Lausch’s assignment is to conduct an initial facts-based investigation to better inform Garland’s decision about a potential special counsel,