Font ResizeE. Michael Lee, a private contractor and the owner of EML Inc. of Stewartstown, served until earlier this year as the building inspector and codes enforcement officer for Shrewsbury Township. He still serves as inspector for several other municipalities.
The results of the court decision were announced during Wednesday's meeting of the Shrewsbury Township supervisors. As Lee finished his monthly report as township zoning officer, he turned the floor over to his wife, Linda Lee.
"I am going to let Linda finish this report," he said
Michael Lee's petition to dismiss cases filed against him by five Overpond Court homeowners was granted by the York County Court of Common Pleas in a decision handed down by Judge Maria Musti Cook.
"Our petition to dismiss has been granted in our favor. All five cases have been dismissed," Linda Lee said.
Loud applause from the audience and three of the five supervisors followed her statement.
In addition, their business activities were investigated by the FBI and the resulting 74-page report "failed to reveal any violations of the U.S. Criminal Code. The FBI recommends that the case be closed," she said.
It took the Lees six months to obtain a copy of the FBI report, and they were able to do so thanks to the Freedom of Information Act. Linda Lee said they will
"The people of the township have been through enough. It is time for healing to begin," she said.
Several residents said the township should be responsible for paying the Lees' legal fees, which have reached over $100,000.
Such fees might be recoverable under the township's errors and omissions insurance that covers elected officials and township employees in the event of legal actions.
"I have full faith in the majority of the board," Michael Lee said.
The issue began nearly five years ago when several residents of Overpond Court complained to township officials that Lee ignored construction defects in their new homes.
The state Department of Labor and Industry investigated the complaints and in November 2006 ordered Lee to show cause to maintain his license.
The following month, Lee volunteered to temporarily relinquish his duties with the township until he was cleared of the allegations.
Lee returned to his job as building inspector for the township in April 2007 when he and the Department of Labor and Industry settled the issue by mutual agreement. Lee agreed to accept a period of voluntary suspension of his building code certification and fulfill certain education requirements, and in return the department withdrew its order calling for Lee to show cause to maintain his license.
Lee has since stopped all building inspections for the township but he remains as the township zoning officer at least until the end of the year.
