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View Full Version : Paragon Closing!!!!!!



Sudz
01-19-2007, 11:46 PM
http://paragonap.com/forum/showthread.php?t=11673 :eek:

OverkillZJ
01-20-2007, 12:28 AM
Just saw it on another forum. Don't say it's closing, nothing is official yet. Hopefully the paper puching assholes are put in their place. They're only 3 years into a 25 year lease, something smells fishy...

BlaineWasHere
01-20-2007, 12:47 AM
wow... that would be tragic...

Popsicle
01-20-2007, 12:51 AM
NO WAY! thats like the only good trail where i live!

Sudz
01-20-2007, 01:11 AM
jointly owned by a florida land developer - there have been a lot of land improvements and trail closings in the park over the past year

something is definitely going on - millions have been spent on improvements - one of the most popular trail areas in the park is now a blacktopped road - i was just there last week...

rob92xj
01-21-2007, 09:38 AM
That sux in a big way I miss wheeling there now.

PhilZJ
01-21-2007, 11:52 AM
I'm going there this Saturday with SIRA and Tri-State 4X4.

http://www.jeepforum.com/forum/forumdisplay.php?f=124

http://www.tri-state4x4.com/forums/showthread.php?t=2490

Phil

Rubber Chuck
01-22-2007, 10:10 PM
A couple of more threads about this sad situation
http://paragonap.com/forum/showthread.php?t=11688
and
http://paragonap.com/forum/showthread.php?t=11701

ATL ZJ
01-22-2007, 10:30 PM
I hate to hear this for you guys. Maybe some sort of resolution can be reached. We have the same pressures down here, with the new threat of certain trails at tellico closing, though only seasonally.

ILikeMud
01-22-2007, 10:34 PM
That sucks.
I've seen a few trails around here close in the past year.

Skyline
01-26-2007, 12:44 AM
They are having their next monthly ride on February 3 and 4. If you can't make it there with your own group of at least 3 vehicles (in which case you can go anytime), this is the time to go.

Let's try to show our support for Paragon in their time of need by patronizing it as much as possible.

www.paragonap.com (http://www.paragonap.com)

Rubber Chuck
01-26-2007, 06:42 AM
For those of you have ever been to Paragon....or have ever wanted to go to Paragon....Please sign this petition
http://www.petitionspot.com/petitions/savePAP
And feel free to pass it on to all of your wheeling friends.
Thanks

PhilZJ
01-26-2007, 10:21 AM
Signed it and posted it on JFs GD Forum.
Thanks Chuck!

Phil

Skyline
01-26-2007, 12:46 PM
Please pass the link with the petition around to everyone you know who is into wheeling, quads or
dirt bikes. When I entered my name yesterday, there were 290 signatures....today there are over 800. This is obvioulsy gathering a pretty good head of steam.

PASS IT ALONG!!!

ILikeMud
01-26-2007, 01:04 PM
Signed!

Nick
01-26-2007, 02:04 PM
http://www.petitionspot.com/petitions/paragone Wow some people

The Dude
01-26-2007, 02:40 PM
Its at 1114 now. Hopefully it will keep going up, I would like to get out there someday.

ILikeMud
01-26-2007, 03:13 PM
http://www.petitionspot.com/petitions/paragone Wow some people

That's fucking stupid.

rubicondave33
01-26-2007, 03:27 PM
Signed.

Popsicle
01-26-2007, 05:32 PM
Signed, fo sho

Sudz
01-26-2007, 05:40 PM
more news:

http://www.timesleader.com/mld/timesleader/16550431.htm

jsteves
01-26-2007, 05:44 PM
signed...nearing 1700 sigs. 6 people signed in the amount of time it took my slow ass computer to update mine!

OverkillZJ
01-26-2007, 06:46 PM
more news:

http://www.timesleader.com/mld/timesleader/16550431.htm

That's complicated...

Sudz
01-26-2007, 08:32 PM
That's complicated...
the property owner sells the land to Gladstone

Gladstone is owned by the attorney representing the property owner who is trying to break the lease with paragon so the deal will close.

the judge, who is politically connected to the attorney (and a longtime friend), appoints himself to the case.

WOW!

local government corruption 101

OverkillZJ
01-26-2007, 08:36 PM
Thanks captain obvious, I understood the non-dummies version.

It's still complicated. Corruption usually is.

EMTimZJ
01-26-2007, 08:59 PM
Sounds like a mess... I wish there were things we could do to help. I've read the other threads on the PAP site btw... saying that there is not much the public can do.

rob92xj
01-27-2007, 10:55 AM
Signed it and emailed it to others, I was #2328.

BLACKZJ
01-28-2007, 08:47 PM
Well people are really stirrin this up. On Saturday, Feb. 3rd, Paragons monthly ride has turned into a benifit run to help with legal expenses.There will be 50/50 drawings, and hopefully some good media coverage as well. I am to understand that some vendors have stepped up and made donations for the prizes.They are lookin to pack the place. If you are on the right coast, feel free to come up for this one, they could use all the support they can get. Even if you aren't, feel free to make the trip.

Sudz
01-28-2007, 11:16 PM
this is going to be quite an event

from the PAP forum: http://paragonap.com/forum/showpost.php?p=50332493&postcount=265

if you haven't yet, please sign the petition (http://www.petitionspot.com/petitions/savePAP) - it only takes a second of your time to show your support :smt023

#3450
Ron H-

i'll be there on sat for sure!

hkszx2
01-28-2007, 11:35 PM
i signed but i cant be there sat for work and my lift still hasnt arrived to get put on

Rubber Chuck
01-29-2007, 05:34 AM
i signed but i cant be there sat for work and my lift still hasnt arrived to get put on

So come on out Sunday...

Newest Article in the local paper
http://www.timesleader.com/mld/timesleader/news/local/16570231.htm

hkszx2
01-29-2007, 06:09 PM
I have a motorcycle convention i have to be at all weekend

OverkillZJ
01-29-2007, 11:56 PM
So, uh, petitionspot.com has a crashed SQL server; I seriously wonder if the savePAP thread is the biggest load the sites seen... I for one sign once but have been back a dozen times to read others comments.

Sudz
01-30-2007, 08:31 AM
latest news - looks like an airport is in the works

http://www.timesleader.com/mld/timesleader/16573420.htm

http://www.timesleader.com/mld/timesleader/news/16577632.htm

http://www.standardspeaker.com/index.php?option=com_content&task=view&id=4212&Itemid=2

PatM
01-30-2007, 09:50 AM
I'll be at their monthly ride this saturday. look for me

SirFuego
01-30-2007, 10:54 AM
Yeah so us wheeler's partially tear up the woods and aren't very environmentally friendly -- and the greenies bitch about it. (Not citing Paragon specifically, because I know this dispute has nothing to do with the greenies).

Yet people are willing to knock down a shit ton of trees, create a ton of noise pollution, breach a lease, and completely destroy part of the environment -- just because it creates jobs and money. Totally assdonculous.

By the way, I'll be there this weekend along with some other WNYOffroad people. Save Paragon!

OverkillZJ
01-30-2007, 11:19 AM
Anyone around Pittsburgh heading up? I'm not going to have time to get the buggy ready for even a dirt road th is week, however I'm ready to tow junk there if anyone has a rig and an open bitch seat.

Rubber Chuck
01-30-2007, 12:46 PM
Anyone around Pittsburgh heading up? I'm not going to have time to get the buggy ready for even a dirt road th is week, however I'm ready to tow junk there if anyone has a rig and an open bitch seat.

If you just wanna ride Bitch......I'll have a seat for you

OverkillZJ
01-30-2007, 01:07 PM
You've got a PM :D

Sudz
01-30-2007, 01:11 PM
Yet people are willing to knock down a shit ton of trees, create a ton of noise pollution, breach a lease, and completely destroy part of the environment -- just because it creates jobs and money. Totally assdonculous.
i hear ya, brotha..

Sudz
01-30-2007, 01:20 PM
If you just wanna ride Bitch......I'll have a seat for you
chuck, you taking a group out? - i was gonna run blacks with my own group - be kinda cool if we could wheel together - hell, i'll run blues or greens just so we can hang - let me know - btw, a fella we know in a white chevy pickup may make an appearance :D

some buds were up there yesterday - told me everything is covered in snow

Rubber Chuck
01-30-2007, 02:30 PM
More then likely I'll be guiding.....
It'd be cool to see Tom.
They are calling for 2-5" snow Thursday Night.

slim616
01-30-2007, 07:24 PM
the way that artical talked is that a judge is handing down a judgement tomorow. IF it goes for the land owner their may be no run sat if the judge throws them out. I'm no leagal pro but I would think this could be a posibility. If not i'll be there to show my support for the land and the sport. What kind of sucks is that he had a chance to buy the land and turned it down.

Skyline
01-30-2007, 10:02 PM
the way that artical talked is that a judge is handing down a judgement tomorow. IF it goes for the land owner their may be no run sat if the judge throws them out. I'm no leagal pro but I would think this could be a posibility. If not i'll be there to show my support for the land and the sport. What kind of sucks is that he had a chance to buy the land and turned it down.
I don't think it would matter if he bought the land or not. If you have 4,000+ acres of land with nothing but trails on it, and the government wants to build a new airport, you will be kicked off your own land so fast you won't know what hit you. They will use eminent domain to take the land if you don't want to sell. I hate to say it, as I'm not a big fan of the use of eminent domain, but using it to build an airport is a least better than stealing someone's property to allow a private developer to build a shopping mall or condos.

Since an outstanding lease is not much of an obstacle in the eminent domain process, and in theory eminent domain does grant land owners a fair market value for their property, I can only assume that kicking Paragon off the property is some part of a scheme to get MORE than market value for the property. Seems to me the FAA is getting the short end here, and Paragon is just caught in the crossfire. Or is it possibly that if the lease was upheld, forcing the government to use eminent domain, then Overland would be entitled to some portion of the payment????

slim616
01-30-2007, 10:19 PM
I don't think thats the case here because its the land owner who is pushing the deal through not the state. The new owner is the one saying they want to invest and have a airport there. If the state was involved pargon would of been closed the day after they decided to build the airport.

Skyline
01-30-2007, 11:39 PM
I don't think thats the case here because its the land owner who is pushing the deal through not the state. The new owner is the one saying they want to invest and have a airport there. If the state was involved pargon would of been closed the day after they decided to build the airport.

I you read the series of articles, you would see that the Federal Government is expected to put up the bulk of the close to $1B to build the airport. These local developers are just looking to cash in on a quick buck before the project starts.

Sudz
01-31-2007, 01:18 AM
short version:

the lawyer representing the seller in court (trying to break the lease with paragon) is also the buyer!

the lawyer is grabbing the property to flip it to the city for a quick, tidy profit - the lawyer is also a former city councilman with connections to the court (childhood friend of the judge) :smt101

as stated earlier - regardless of the outcome - eminent domain would have been enforced

stick a fork in this pig - she's done...

ILikeMud
01-31-2007, 11:00 AM
so no more Paragon?

BigDaveZJ
01-31-2007, 11:26 AM
Sounds like the lawyer's an ass.

Anyways, MallCrawlin is sending a bunch of calendars down with Matt for the benefit raffle, hopefully it'll help!!

Rubber Chuck
01-31-2007, 01:22 PM
Thanks Dave......That's Very Cool!!

Sudz
01-31-2007, 01:37 PM
thanks guys - i'm definitely gonna snag me a calendar ;)

slim616
01-31-2007, 08:58 PM
does anyone know what the judgement was that was handed down today.

Sudz
01-31-2007, 09:14 PM
does anyone know what the judgement was that was handed down today.
this just in:

http://paragonap.com/forum/showthread.php?t=11832

OverkillZJ
01-31-2007, 10:54 PM
Not good.

I'm told ride is still on this weekend, though...

It's not promising, but they're still fighting it.

Rubber Chuck
01-31-2007, 11:43 PM
Yep.....ride is still on.

2000_WJ
01-31-2007, 11:45 PM
i wonder what they did

jdhutton
02-01-2007, 08:43 AM
Has any tried to contact fox news.

j

Sudz
02-01-2007, 09:20 AM
this weekend is it - they need to be off the property by Monday

http://paragonap.com/forum/showpost.php?p=50333052&postcount=26

http://paragonap.com/forum/showpost.php?p=50333055&postcount=27



$5 admission this weekend!!!

http://paragonap.com/forum/showthread.php?t=11843

OverkillZJ
02-01-2007, 10:19 AM
I hope to God this isn't the last weekend I'll ever be there, I won't even have my rig there.

BigDaveZJ
02-01-2007, 10:27 AM
I hope to God this isn't the last weekend I'll ever be there, I won't even have my rig there.

Wheel the Burb??

OverkillZJ
02-01-2007, 10:35 AM
It has trouble getting up my driveway in snow, THAT'D GO WELL! Although I hate to admit, if I could find a POS rig for under 2 grand right now, I'd buy it just for the weekend, and try to resell it afterwards :D

ILikeMud
02-01-2007, 11:35 AM
That fucking blows.

Sudz
02-01-2007, 02:16 PM
PAP is done at the close of business on Monday Feb 5th – I’m wheelin all weekend – I’m taking a group out Sunday for a final tour of the park running green trails and snapping some photos for the scrapbook - anyone here is welcome to tag along

slim616
02-02-2007, 11:11 AM
just wondering what the final count of mallcrawing people will be up there with rigs. i'll be up there sat and maybe sun. with my 95 zj and a bunch of other people but i'll be the only one in my club with a zj.

OverkillZJ
02-02-2007, 01:20 PM
I'm heading up with 3 other buggies and a few various rigs, including my buggy. I'm just about done fixing it , goign to load it on the trailer now...

jsteves
02-02-2007, 02:03 PM
I hate bullshit political corruption! Hopefully he can continue to fight this at the supreme court!

Matt - Glad you get to wheel your buggy!

Skyline
02-02-2007, 03:18 PM
I'll be there Saturday.

ILikeMud
02-02-2007, 03:31 PM
I'm heading up with 3 other buggies and a few various rigs, including my buggy. I'm just about done fixing it , goign to load it on the trailer now...

Kick ass.
Can't wait to get pics.

ArloGuthroJeep
02-02-2007, 03:49 PM
I hate bullshit political corruption! Hopefully he can continue to fight this at the supreme court!

Matt - Glad you get to wheel your buggy!

They failed to follow the lease agreements - including the rent & profit sharing with the landlords. It is unfortunate but they were idiots by not following the lease. Really too bad since there is hardly any wheeling up in the NE at all as is...

PhilZJ
02-02-2007, 05:33 PM
I'll be there Sat!

Phil

Rubber Chuck
02-02-2007, 06:01 PM
They failed to follow the lease agreements - including the rent & profit sharing with the landlords. It is unfortunate but they were idiots by not following the lease. Really too bad since there is hardly any wheeling up in the NE at all as is...


There was never any proof provided of that. That is one of the biggest reasons they went to court....The only I see that they may have done wrong was to appeal the first verdict after the 30 days....But I don't know their reasoning or if that is even true. ....Please don't spew about something you don't know 100% about.

jsteves
02-02-2007, 06:16 PM
There was never any proof provided of that. That is one of the biggest reasons they went to court....The only I see that they may have done wrong was to appeal the first verdict after the 30 days....But I don't know their reasoning or if that is even true. ....Please don't spew about something you don't know 100% about.

Agreed! If you believe everything you read in the news or see on TV you are a dumbass! That is exactly what this group of high payed, corrupt asswipes want you to believe as well. :smt117

ArloGuthroJeep
02-02-2007, 07:11 PM
Well apparently they didn't do something right as they lost in court:rolleyes: Whether it just be a worse lawyer or they did something wrong...:flipoff2:

jsteves
02-02-2007, 07:15 PM
Yeah, they didn't have a judge with political and financial motivation to side with them.

Sudz
02-02-2007, 07:57 PM
I'm heading up with 3 other buggies and a few various rigs, including my buggy. I'm just about done fixing it , goign to load it on the trailer now...
...and you better not forget my fawkin' calendar...:flipoff2:

OverkillZJ
02-02-2007, 08:19 PM
Leaving now, late as hell, see you fawkers at midnight

slim616
02-02-2007, 08:35 PM
all right decided to do both days, I'll keep an eye out for all of you.

Sudz
02-02-2007, 08:52 PM
Saturday: Partly cloudy, with a high near 23. Wind chill values between -3 and 7. West wind between 8 and 17 mph.

Saturday Night: Partly cloudy, with a low around 7. Wind chill values between -1 and -11. West wind 7 to 10 mph increasing to between 15 and 18 mph.

Sunday: A slight chance of snow showers. Partly cloudy, with a high near 14. Wind chill values between -2 and -12. West wind between 15 and 18 mph. Chance of precipitation is 20%.

Skyline
02-02-2007, 11:22 PM
There was never any proof provided of that. That is one of the biggest reasons they went to court....The only I see that they may have done wrong was to appeal the first verdict after the 30 days....But I don't know their reasoning or if that is even true. ....Please don't spew about something you don't know 100% about.

Seems to me that not appealing on time was a major blunder on the part of their attorney, but then again, none of us know all the facts either. I know there is a lot of grey area in the law, and a judge can exercise his influence within that grey area. But if a judge rules way outside that grey area, it is always subject to review at a higher court level, and a judge can be thrown off the bench or even disbarred for ignoring established case law. So either PAP did not have a clear cut case in the initial trial, or the judge was risking his career for some 'hidden' agenda, which I doubt. Sad, but this whole thing sounds like they were "out lawyered".

ILikeMud
02-20-2007, 11:51 PM
So what's happening with Paragon?

OverkillZJ
02-20-2007, 11:57 PM
I haven't heard anything, I assume it's still in appeals.

To my knowledge, and realistically, THE CURRENT PARAGON will close, no if's, ands or buts.

My only gripe, and the grip of everyone I"ve talked to, is the Knosps / Paragon not being compensated for the business closure.

Paragon will not stand in a couple years as it does today, but I find the manor it was done extremely unethical. Paragon needs compensated for their lost income in this matter so that they might have a chance of rebuilding.

Jim311
02-21-2007, 09:44 AM
Well, part of leasing anything is that you generally get screwed because you don't really OWN anything. Perhaps Paragon will have the capital to purchase some land in the future, but if not, this sort of thing could happen again.

BLACKZJ
02-21-2007, 10:17 PM
http://www.timesleader.com/mld/timesleader/16727199.htm
This is a link to an article in the local paper....local to Paragon,these assholes might not get their way.

OverkillZJ
02-21-2007, 11:12 PM
Soooo... anyone want to make a run weekend of march 11th? There's some talk of a few of us from Pittsburgh heading back, again...

BLACKZJ
02-22-2007, 10:27 PM
Soooo... anyone want to make a run weekend of march 11th? There's some talk of a few of us from Pittsburgh heading back, again...
Yea, I'm gonna see if I can get up there that w/e. Sunday would be the first day of daylight savings time, maybe an extra hour to play. That is if Kyle can still operate by then, you know those big shots are fumin about not bein able to do anything about it, and I personally think they are schemin(sp) something to stop him.

BLACKZJ
02-23-2007, 02:18 PM
http://www.standardspeaker.com/index.php?option=com_content&task=view&id=4450&Itemid=2
And another article on the airport. I think the more people think about what is goin on up there, the less chance they will let it happen. Best case scenario: Paragon finds another place to open, tells these assholes see ya, and they sit with a big chunk of land that nobody will let them do anything with. THAT would be the greatest.

ILikeMud
02-23-2007, 02:23 PM
http://www.standardspeaker.com/index.php?option=com_content&task=view&id=4450&Itemid=2
And another article on the airport. I think the more people think about what is goin on up there, the less chance they will let it happen. Best case scenario: Paragon finds another place to open, tells these assholes see ya, and they sit with a big chunk of land that nobody will let them do anything with. THAT would be the greatest.

Yea, that would be a bit funny.

Sudz
03-02-2007, 05:39 PM
can you believe this shit?

"An IRS tax lien filed against Butler Township attorney Robert J. Powell doesn’t show up when his name is searched in the Luzerne County Prothonotary’s Office database because Prothonotary Jill Moran – his law partner – switched the name in the database to John Doe."

http://www.timesleader.com/mld/timesleader/16816869.htm

this is the douche bag trying to grab the land out from under paragon

OverkillZJ
03-02-2007, 05:49 PM
That's not fishy or anything...

hkszx2
03-02-2007, 06:35 PM
i might be down for the 11th ... ill let you all know on the tenth

OverkillZJ
03-02-2007, 07:01 PM
We hava a rather good sized group heading out Friday to wheel Saturday, I'll be heading back that night though. Staying at the comfort inn again

SirFuego
03-02-2007, 07:19 PM
And I will be heading down with some other Buffalonians (luckily not with rockhardmj this time... :D). Staying at the Comfort Inn as well.

OverkillZJ
03-02-2007, 07:22 PM
Karokee bar it is then, who's drinking? ;)


I'll pass out before anyone gets me up there, but I can definitely be crazy bad dancing guy this time :finga:

Sudz
03-02-2007, 09:57 PM
not sure i'll make the 11th - i'm waitin' for these (http://www.drivetrainoutlet.com/Jeep_Front_Axle_Kits-Alloy_Chromoly_Upgrade_Kit_87_04_TJ.html) to hit the front porch - toasted both front inner axle yokes during the benefit ride on sunday - broke the welds on the caps too - limped 2 hours home http://www.onpoc.ca/forums/style_emoticons/default/limping.gif

:D

Sudz
04-03-2007, 10:21 PM
Tuesday, 03 April 2007 (http://www.standardspeaker.com/index.php?option=com_content&task=view&id=4843&Itemid=2&PHPSESSID=f25ee1e016675275a3fc35e9a166a153)

ILikeMud
04-03-2007, 10:40 PM
BOO!!!

Sudz
04-04-2007, 12:27 PM
closed this weekend 4-7 (http://paragonap.com/forum/showthread.php?t=12590)

SirFuego
06-11-2008, 01:56 PM
Looks like any remote hope that was left for the old Paragon was just lost...
:smt022:smt022:smt022:smt022


Court upholds ATV park eviction, clearing cargo airport hurdle

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter

The developers of a proposed cargo airport near Hazleton cleared one of several hurdles Monday when a state appellate court upheld the eviction of an all-terrain vehicle park from land that is needed to build the transportation facility.

The state Superior Court said Kyle Knosp, owner of Paragon Adventure Park, failed to timely appeal a 2006 ruling that granted possession of the land to Gladstone Partners.

The ruling reaffirms Gladstone’s right to utilize roughly 4,300 acres near the Humboldt Industrial Park that would be needed to construct the proposed airport. It does not guarantee the project will proceed, however, as the developers still face other hurdles, including obtaining necessary clearances for construction and funding.

A legislative report on the viability of the project is scheduled to be released on June 11. That analysis is considered key to determining whether the state will back $250 million in bonds toward the project’s estimated $1.6 billion total cost.

If funding is secured, the developers must obtain construction approval from various municipalities, and gain approval from the Federal Aviation Administration.

The dispute with Knosp centered on whether his business was wrongly evicted from land he leased from Gladstone and its predecessor, PCA Corp., to operate an ATV park.

Gladstone, which is owned by Butler Township attorney Robert Powell, Gregory Zappala and former Hazleton Mayor Michael Marsicano, was initially granted possession of the land by District Judge Thomas Sharkey on Aug. 4, 2006.

Knosp appealed to Luzerne County Court, and senior Judge Clinton Smith upheld the eviction in October 2006. Gladstone did not obtain possession of the property until April 2007, however, due to other outstanding legal challenges filed by Knosp.

Knosp and Gladstone each filed appeals before the Superior Court. Knosp’s appeal centered on whether a second appeal he had filed with Luzerne County Court challenging Sharkey’s ruling was filed within the specified time frame. Gladstone sought to overturn a preliminary injunction that had been issued by Judge Ann Lokuta which, for a time, had prevented it from accessing the land.

The Superior Court, in separate opinions filed Monday, ruled in Gladstone’s favor on both issues.

The court determined Knosp had failed to file the county court appeal in time based on technical legal grounds. It also overturned Lokuta’s injunction, ruling the matter was moot because the hearing on the injunction was held the day after Knosp had been evicted from the land.

In a separate matter, the court found Lokuta did not abuse her discretion when she refused to recuse herself from the case. Gladstone attorney Jill Moran had sought Lokuta’s recusal because Moran, who serves as Luzerne County prothonotary, was scheduled to testify against Lokuta at a hearing before the state Judicial Conduct Board.

The Superior Court said it found Lokuta’s legal rulings erroneous but there was no evidence that her impartiality was compromised.

“The record demonstrates that Judge Lokuta went to great lengths to provide each of the parties with the opportunity to present their arguments and that she entertained the arguments respectfully and patiently,” the court wrote.

Knosp’s attorney James Scallion of Drums did not return a phone message Tuesday seeking comment on whether he will seek to appeal the court’s ruling to the state Supreme Court.http://www.timesleader.com/news/Court_upholds_ATV_park_eviction__clearing_cargo_ai rport_hurdle_06-04-2008.html

OverkillZJ
06-11-2008, 02:49 PM
Fuck.

Rubber Chuck
06-11-2008, 08:04 PM
Yeah.....Bad News for sure. But don't give up hope on The Knosps. I was with Kyle last night and he was pretty upbeat about things...but like everybody else.....just concerned about the economy.

On a side note.......check these threads out for an interesting read.
http://www.sira4x4.net/forum/showthread.php?t=1952
and
http://www.sira4x4.net/forum/showthread.php?t=1936

Sudz
06-20-2008, 08:12 PM
http://www.timesleader.com/news/latest/Powell_sells_interest_in_airport_PA_Child_Care.htm l

http://www.timesleader.com/news/FBI_seizes_juvie_probation_records_06-19-2008.html

http://www.standardspeaker.com/index.php?option=com_content&task=view&id=7706&Itemid=2

OverkillZJ
06-21-2008, 09:27 AM
Holy shit!

Sudz
06-22-2008, 10:27 AM
who knows - maybe paragon will be resurrected - there's not much that can be done with that site without spending millions on grading and backfilling to get it buildable

Sudz
06-25-2008, 09:36 PM
there's not much that can be done with that site without spending millions on grading and backfilling to get it buildable
hahaha - just saw this:

http://www.timesleader.com/news/Activist__Airport_has_gorge_06-25-2008.html

Sporer65
06-25-2008, 09:46 PM
Just a question, since the owner's of Paragon recently bought the Badlands, has that affected the legal fight any?

Sudz
06-25-2008, 09:52 PM
Just a question, since the owner's of Paragon recently bought the Badlands, has that affected the legal fight any?
i'm not sure where the legal battle stands, but i do know that Kyle hasn't given up http://www.the-jersey-devil.com/bbs/images/graemlins/boxingsmiley.gif

SirFuego
06-25-2008, 10:51 PM
http://www.timesleader.com/news/Activist__Airport_has_gorge_06-25-2008.html
Wow, so most of the locals didn't realize that there would be a LOT of ground that needed to be moved? Sorta surprising since Paragon is right by the industrial park that I would assume employs a large number of people in the area.

I'm glad this was brought to light, because after my first trip to Paragon, I was scratching my head as to where they would build this airport...

I hope that this stumbling block is too big for them to overcome. Then hopefully they will offer Kyle and Steph the lease back...

matts96zj
06-26-2008, 12:02 AM
that's absolutley awsome, we all know paragon will most likely not move back to that location, but for those assholes to not be able to do anything with the property would make me feel a little better.

SirFuego
07-11-2008, 02:13 PM
It looks like they filed lawsuit:

Hazle Twp. off-road park sues land owner, airport developer

BY MICHAEL R. SISAK
STAFF WRITER
msisak@citizensvoice.com

Published: Wednesday, July 2, 2008 4:16 AM EDT
The company that operated a park for off-road and all-terrain vehicles in Hazle Township — on the site of a proposed $1.6 billion cargo airport — has filed a lawsuit against the owner of the land and the developer of the airport, claiming they conspired to force the park to close.

Overland Enterprises Inc., based in Zion Grove, entered into a 25-year lease with the owner of the land, PCA Corp. of Hazleton, in February 2004 and operated the Paragon Outdoor Adventure Park there until June 2006, when the developer of the cargo airport, Gladstone Partners LLC, moved for the park’s eviction, the lawsuit said.

The eviction action was based on allegations Overland Enterprises failed to make rental payments, failed to maintain insurance required under the lease contract and failed to adequately and properly maintain the property, causing harm to the environment.

Those claims were false, and intended solely to damage the park’s reputation and its ability to conduct business, according to the lawsuit, filed last Friday in the Luzerne County Court of Common Pleas.

James R. Scallion, the attorney for Overland Enterprises, said Tuesday the lease between the company and PCA Corp. did include a condition that the park could be forced out if the property were sold.

Gladstone Partners LLC has an option to buy the land, but no sale has taken place.

Overland Enterprises claimed in the lawsuit it had never dealt with Gladstone before the eviction action and that Gladstone, “had no interest in the land in question, save an alleged assignment of rights,” from PCA Corp.

Overland Enterprises used about 2,200 acres of the 4,300-acre property in the Humboldt Industrial Park, on the Luzerne-Schuylkill county line, for marked trails and paths used by all-terrain and other recreational vehicles.

The company is demanding damages in excess of $50,000 from each of seven defendants: PCA Corp.; Gladstone Partners LLC; the estate of the company’s former chief executive officer, Philip Seltzer; A.J. Land of Hazleton; Gordon Katz, Reid Block and John MacKay Jr. of Fort Washington.

Gregory Zappala, the owner of Gladstone Partners LLC, referred questions about the lawsuit to spokeswoman Catherine Shafer, who said she had not seen the court filing, but would review it.

Representatives of PCA Corp. and the other defendants could not be reached for comment.

Overland Enterprises lost its battle to keep the park open in April 2007, when the state Superior Court threw out an injunction that had been allowing the park to continue operating.

jsteves
07-11-2008, 03:05 PM
That is great! Hopefully they will get something out this.

OverkillZJ
07-11-2008, 03:26 PM
This just keeps getting more interesting.

magmini
09-07-2008, 08:11 AM
LONG LIVE PARAGON !!

Goosed76
09-07-2008, 12:37 PM
I don't even live anywhere near paragon, but I hope the continue the fight!! Maybe someday i will get the opportunity to visit Paragon.... hopefully.

Sudz
01-28-2009, 01:52 PM
these are the same players in the pap takedown - a few of the judges are ending up behind bars

latest news

http://paragonap.com/forum/showpost.php?p=50352554&postcount=52

http://paragonap.com/forum/showpost.php?p=50352568&postcount=60

http://paragonap.com/forum/showpost.php?p=50352561&postcount=55

OverkillZJ
01-28-2009, 02:03 PM
It's just a shame this all comes out AFTER Kyle and Steph got fucked over, and the park is closed...

SirFuego
01-28-2009, 02:11 PM
Is one of those the judge that heard Kyle and Steph's appeal way back when?

If so, would that nullify the case since the Judge had a vested (and illegal) interest in the juvie center?

If so, would there even be any chance at PAP opening?

If there is any chance of PAP re-opening, and it does, I'll probably have a spontaneous ejaculation when I hear the news.

slim616
01-28-2009, 04:23 PM
With them having another park now i wonder if they would want to even go through the leagal hassel and cost of trying reopening it. Though you are right I would definitly ejaculate in my pants if they reopened. RC has really gotten alot better in the last two years but their was just something I loved about that park that RC just doesn't have.

Ds4x4
01-28-2009, 04:25 PM
dang serves them right.. at least kyle and steph should get some sort of legal/monetary restitution.. who knows if they would re-open or if it was even possible

MoonWorks
01-28-2009, 04:28 PM
If its given the option to reopen and the original owners don't want to do it since they own another park...I'd bet someone else would jump on the opportunity.

Sudz
01-28-2009, 04:38 PM
the tract of land has not been touched - i know some environmental impact studies were done & the state did a feasibility study

cliff notes: the state concluded that filling a valley with soil to build an airport is absurd

when the feds turned up the heat on those judges about 6 months ago, powell (the attorney that screwed pap) suddenly sold his interest in the property

the saga continues...

Sudz
01-28-2009, 04:43 PM
If its given the option to reopen and the original owners don't want to do it since they own another park...I'd bet someone else would jump on the opportunity.
matt, have you ever been to PAP?

i see no reason why it couldn't reopen - there's not much else you can do with the topography of the area where pap is situated - that's why it has remained undeveloped

edit: typo

SirFuego
01-28-2009, 04:44 PM
Here is the entire thread:
http://paragonap.com/forum/showthread.php?t=16138

Based on the posts, it seems Kyle and Steph (old Paragon owners, now Badlands owners) are still fighting it -- which tells me they still want to re-open it. It looks like their current court date keeps getting postponed -- which seems to be a good thing due to these events.

A large number of people involved (judges, lawyers filing paperwork, etc) in this corruption were involved in the Paragon eviction being upheld due to Kyle and Steph "not filing in enough time".

OverkillZJ
01-28-2009, 04:48 PM
if PAP reopened, that'd light a big fire under my ass to become a wheeling whore again...

MoonWorks
01-28-2009, 05:34 PM
cliff notes: the state concluded that filling a valley with soil to build an airport is absurd


Wouldn't that be common sense? :smt017


matt, have you ever been to PAP?




Nope...never been. I'd love to though. And RC!

nierace
01-28-2009, 07:37 PM
Paragon had the humongous play area that was awesome:P

If PAP reopened that would be amazing, but I would be willing to bet 1 park is enough to manage for Kyle & Steph. I would think they're looking to get some $ back from the financial hit I'm sure they took, as they definitely should be awarded after all the BS...but who knows maybe they will bring it back !

OverkillZJ
01-28-2009, 08:22 PM
Badlands Offroad is cool and all, I have fun there, but it's NOTHING compared to PAP :(

Badlands just doesn't have enough land, and it's a lot further from here.

Sudz
01-28-2009, 08:45 PM
http://i31.photobucket.com/albums/c364/-Sudz/100_4885.jpg

Sudz
01-30-2009, 10:18 AM
Here is the entire thread:
http://paragonap.com/forum/showthread.php?t=16138

read the tail end of the thread linked by SirFuego :smt103

holy shit! - this is the lawyer / judge "team" that fawked PAP

http://www.citizensvoice.com/articles/2009/01/30/news/wb_voice.20090130.t.pg4.cv30cdjudgesverdicts_s1.22 69538_top2.txt

slim616
02-12-2009, 08:33 PM
on cbs news tonight they mentioned the case against these two judges. The were talking about how they sentenced one girl to a month in jail for just writing a threatening message to another girl on her myspace page.

SirFuego
02-13-2009, 12:00 AM
I saw this posted on another forum, too. I've a feeling this is going to be a loooong list of victims calling to find out their rights...
http://www.usdoj.gov/usao/pam/Victim_Witness/Luzerne_county_corruption.html

greengc4x4
02-13-2009, 02:35 AM
Can anyone make a brief paragraph as to the state of paragon. i read the link but it all confused me because I havent followed the story closely at all

Sudz
02-13-2009, 10:29 AM
Can anyone make a brief paragraph as to the state of paragon.l

this is what i garnered from the news articles:

A corrupt attorney in Luzerne County, Pa was kicking back money to two county judges in exchange for favorable court rulings.

Apparently it has been going on for years and was well known to the citizens in the area who were powerless to stop it.

One of the biggest scams involving the attorney was the building of a private juvenile detention center (at taxpayer expense). He paid the judges to close the existing county operated center and transfer the kids to ‘his’ facility. He then billed the county on a per-detainee basis. Also, new juvenile cases, which in hindsight were marginal or shouldn’t have gone to trail at all, were in fact prosecuted. Apparently this scam slammed a lot of innocent kids.

The attorney’s next scam was to build a cargo airport in the region. Enter the Paragon Tract. Paragon held a 25-year lease on the land. Through kickbacks and backdoor deals, the attorney, county judges, former mayor, and a few others wrestled the land from paragon citing they violated the lease. There is also a PA State representative involved who is now claiming he didn’t know what was going on.

Added twist – the attorney’s secretary is also the county clerk. Apparently she was tossing paperwork that paragon filed during the court proceedings. The door slammed on paragon’s case when the judge ruled that paragon filed their paperwork late.

Kyle and Stephanie Knosp, who ran PAP, were locked off the property, literally.

Local folks had enough and tipped off the FEDS. The two county judges are going to prison. The attorney suddenly sold his interest in the airport deal and disappeared.

These assclowns hurt a lot of people. I feel sorry for the innocent kids who got caught up in this bullshit. Peeps are now filing lawsuits to have their cases re-tried or dismissed. It’s a fawking mess. It has also made national headlines.

Some of the booty = a Luxury Yacht Club Townhouse in Florida, a yacht, high end Euro sedans, multi-million dollar residences in PA, etc



Paragon remains closed.


edit: fixed some typos

SirFuego
02-13-2009, 10:45 AM
Ron, that's about what I got from the articles.

Further abridged version:
- Kyle and Steph (Paragon owners) got evicted for shady reasons.
- Judge and others associated with upholding their eviction eventually get thrown in jail for years of corruption.
- We are all being hopeful Kyle and Steph get another chance and prove that their eviction was unlawful.

slim616
02-13-2009, 11:05 AM
I really see in the next few years something opening back up again, maybe not under the pargon name. Just so who ever still owns the land can start making some money off of it. Exspecially with the way things are, every dollars counts when you have to pay property tax on a piece of land being used or not.

greengc4x4
02-13-2009, 09:48 PM
So what are the chances of this opening back up? Im assuming this is going to be a very long and drawn out court case that is going to have the land closed for quite a while

Sudz
02-19-2009, 09:07 PM
One of the biggest scams involving the attorney was the building of a private juvenile detention center (at taxpayer expense). He paid the judges to close the existing county operated center and transfer the kids to ‘his’ facility. He then billed the county on a per-detainee basis. Also, new juvenile cases, which in hindsight were marginal or shouldn’t have gone to trail at all, were in fact prosecuted. Apparently this scam slammed a lot of innocent kids.

lastest

http://www.nytimes.com/2009/02/13/us/13judge.html

OverlandXJ
02-19-2009, 11:03 PM
This just keeps getting better. :mad:

Sudz
02-23-2009, 09:24 PM
Added twist – the attorney’s secretary is also the county clerk. Apparently she was tossing paperwork that paragon filed during the court proceedings. The door slammed on paragon’s case when the judge ruled that paragon filed their paperwork late.

handcuffs will be coming next

http://www.wnep.com/wnep-luz-prothonotary-resigns,0,7801329.story

Sudz
06-19-2009, 10:50 PM
Update 6-19-09

Powell is the attorney that screwed paragon

http://citizensvoice.com/news/powell_agrees_to_plead_guilty_in_kickback_case

http://www.timesleader.com/news/Attorney_admits_his_guilt_in_judge_case_06-10-2009.html




http://www.standardspeaker.com/news/no_matter_the_court_powell_was_standout


Gladstone obtained an option from Philip Seltzer to buy land for the airport. To open the negotiations, Powell gave Seltzer a present of a first edition after learning that Seltzer, now deceased, liked rare books.

After obtaining the option, Gladstone went to court and evicted a tenant, Paragon Adventure Park.

SirFuego
06-20-2009, 12:31 PM
Oh that's good news.

Let's think hypothetically that Paragon someone is allowed to go back there. What about some sort of online "petition" showing interest from the off-roading community to volunteer their time to clean up the trails to get Paragon re-opened ASAP?

Sudz
06-20-2009, 10:57 PM
If Paragon reopened, half the wheelers on the east coast would giz their jockeys – getting peeps to do trail cleanup & repair wouldn’t be a problem

The bigger question is whether the estate of the late Philip Seltzer would reestablish a lease agreement with kyle & stephanie

Hope Springs Eternal

SB406
06-23-2009, 12:36 PM
Hope Springs Eternal
Obama '08!

I agree that it would be cool if PAP reopened, but really, it's over. Let it go.
:twocents:

OverkillZJ
06-23-2009, 12:57 PM
Obama '08!

I agree that it would be cool if PAP reopened, but really, it's over. Let it go.
:twocents:

Why? If the lease was found to be violated by these asshats and Kyle and Steph kicked out, profit lost, etc; something can happen. It could be years, but it's not over. That land isn't all that great unless you can fill in a valley.

Ken L
06-23-2009, 01:21 PM
Obama '08!

I agree that it would be cool if PAP reopened, but really, it's over. Let it go.
:twocents:

That's the exact apathetic reason why we're losing trails and access nation wide. The Green groups don't let it go when they lose, in fact they gather their forces and attack harder.

Get involved in your state OHV associations. Keep your access. Work to restore access. Don't just lie down.

rstrucks
06-23-2009, 04:16 PM
That's the exact apathetic reason why we're losing trails and access nation wide. The Green groups don't let it go when they lose, in fact they gather their forces and attack harder.

Get involved in your state OHV associations. Keep your access. Work to restore access. Don't just lie down.

Amen!

That is all.

ATL ZJ
06-23-2009, 05:04 PM
That's the exact apathetic reason why we're losing trails and access nation wide. The Green groups don't let it go when they lose, in fact they gather their forces and attack harder.

Get involved in your state OHV associations. Keep your access. Work to restore access. Don't just lie down.

Yep. I was looking at Rubithon pictures today and 5 years ago, there was no way I would have believed you if you told me that the Rubicon (at least parts of it) would outlive Tellico. Especially since the 'Con has been under heavy attack for about a decade now. Tellico only came under environmental scrutiny two years ago. Paragon's fight was different, but it was a brief one too.

It has always seemed like the level of activism at the participant level has played a big part in the West. Not having experienced it, maybe there's just as much apathy out there, or some of the awareness is forced through sticker programs, etc. but stuff like tying trash bags to rigs seems to be common culture. Cleanup efforts here in the East are more of the exception than the norm. They are usually just a single day rides organized by individual clubs. Also, the East's terrain can make the battle even harder. "tread lightly" doesn't always come to mind when a higher gear and wheelspeed is needed to climb a sloppy ledge.

So I guess the point is that Ken is right, and in a lot of places, we need to band together more. The land use fight is becoming increasingly harder now that the greenies have nasty precedents like the recent Tellico decision.

SirFuego
06-23-2009, 06:24 PM
In the context of paragon, I understand where SB406 is coming from, because it was on private land and there really isn't any activism we could do. The eviction was upheld by a corrupt legal system -- so there is nothing that really can be done until the eviction case gets retried in court.

Since the previous owner died, who legally has the right to the land?

About the only think I could see "us" doing is trying to do is try to convince the current owners to lease it back to Kyle and Steph -- the juvie center and airport both fell through, so they might as well make SOME money. I'm sure that we could provide support for them, but ultimately isn't it their battle?

Or has all this stuff caused some sort of court order preventing the land from getting leased until this whole ordeal has been resolved by the legal system?

Ken L
06-23-2009, 06:44 PM
I have shared beers with Del Albright on a couple of occasions. He is passionate about 'wheeling and OHV recreation. If you want to get a Master's Education on how to work to save a trail, read his website. If you ever get the chance to be at an event that he's at, you owe it to yourself to go. He's a BlueRibbon Coalition ambassador and the Rubicon Trail trail boss.

It has been my experience that there are a lot of people in our sport that feel that "someone else will do it" "I don't know how" "it won't matter anyway" "they're all a-holes anyway" "they cant' do that" and the list goes on. The energy that it takes to feel that way could be spent writing a letter to a local legislator, joining Blue Ribbon Coalition or another access group, or working with the Forest Service etc to organize a trail clean up.

The point is, we need to pay it forward or we will lose. And we need to be passionate about our form of recreation and work to make it better. It's not going to happen by itself.

SB406
06-24-2009, 09:50 AM
I'm not trying to be a dick... Just trying to spark some conversation....

I agree that what happened is not right and should be fixed. Unfortunately, I don't think it ever will. It would be nice if I am proved wrong.

Tellico and the Rubicon were/are public land. PAP is/was private land, owned by a now dead person, leased by private individuals, who moved to Indiana. All the online petitions in the world can't change those facts.

I think our collective efforts are better placed trying to preserve/ support what we still have in the North East (Rausch Creek, Rock Run, Big Dogs, Harlan, etc...)

OverkillZJ
06-24-2009, 12:29 PM
There's no effort here, just hope things work out for the best for once. Nothing wrong with that. It's not like we formed a Coalition hoping Paragon gets their land back, but hey, it'd be nice.

SB406
06-24-2009, 02:36 PM
Don't get me wrong..... I'd be down there cash in hand first weekend if they opened it back up. I never got the chance to run Paragon, so I don't know what I'm missing.

SirFuego
12-01-2009, 02:11 PM
http://www.tradingmarkets.com/.site/...0News/2584383/

Oct 16, 2009 (The Citizens' Voice - McClatchy-Tribune Information Services via COMTEX)

Four companies named as defendants in a controversial land case are refusing to provide evidence necessary for a review of allegations that corruption influenced a judge's ruling, according to a court filing by attorneys for the estate of the man bidding to recover the land.

Attorneys for Nanticoke Micro Technologies, Tektronix Inc., Xerox Corporation and First National Community Bank have filed objections to evidence requests, claiming the case had already been settled and "there is no need for further discussion."



The state Supreme Court appointed Luzerne County President Judge Chester B. Muroski in August to review the case -- which centers on an Emmaus man's bid to recover an acre of land in Nanticoke -- after allegations corruption influenced former Judge Mark A. Ciavarella Jr.'s rulings.



The estate of the man, Emil Malinowski, asked the high court to review the ruling after Ciavarella and ex-Judge Michael T. Conahan defaulted on $4.5 million in loans from the bank.



Conahan was a member of the bank's board of directors when the loans, for a failed townhouse development project, were made.
Ciavarella and Conahan were charged last month in a 48-count indictment for allegedly pocketing $2.8 million in kickbacks from the developer, Robert K. Mericle, and co-owner, Robert J. Powell, of a pair of privately owned juvenile detention centers.



Attorneys for the estate said in a court filing Thursday that the requested evidence -- showing relationships between and among Ciavarella, Conahan, Powell and Mericle, related companies and the bank -- was critical for Muroski's review.



It is believed the objections from the four companies are "intended to obstruct (the estate's) efforts to investigate whether or not judicial corruption infected this matter," the attorneys said.
msisak@citizensvoice.com, 570-821-2061
http://paragonap.com/forum/showthread.php?p=50353766#post50353766

OverkillZJ
02-19-2011, 03:09 PM
Judge guilty in another case. Burn, bastard, burn... http://ap.stripes.com/dynamic/stories/U/US_COURTHOUSE_KICKBACKS?SITE=DCSAS&SECTION=HOME&TEMPLATE=DEFAULT

Sudz
02-19-2011, 04:07 PM
Judge guilty in another case. Burn, bastard, burn...


Sandy Fonzo, whose son was jailed by Ciavarella - and committed suicide last year at age 23 - screamed obscenities at the judge and even poked him as he and his attorneys held a news conference on the courthouse steps.

"My kid's not here anymore!" yelled Fonzo. "He's dead! Because of him! He ruined my ... life! I'd like him to go to hell and rot there forever!"

Ciavarella glanced at Fonzo, then turned his back.

...

Sudz
09-30-2011, 11:59 PM
why do these fawks have such a hardon for building an airport at this location?

this shit never ends

http://republicanherald.com/news/judge-sends-decision-on-cargo-airport-back-to-schuylkill-county-zoning-board-1.1207757


Judge sends decision on cargo airport back to Schuylkill county zoning board
BY PETER E. BORTNER (STAFF WRITER PBORTNER@REPUBLICANHERALD.COM)
Published: September 23, 2011

96RedZJ
10-01-2011, 06:00 AM
why do these fawks have such a hardon for building an airport at this location?

this shit never ends

http://republicanherald.com/news/judge-sends-decision-on-cargo-airport-back-to-schuylkill-county-zoning-board-1.1207757

You should know.. politics is all about the money... someone waved money , and they all got all jizzed up.

Sent from my DROIDX using Tapatalk

ZJ TINS
02-23-2012, 01:58 PM
Not 100% on this but... the two leasors can sue the estate for breach of contract. The state can then chose to award them the full value of the contract (25 years - what they actually used before closing) or they can enforce a penalty, like extending the lease or financial consideration. Again not my state but they tend to have similar laws, except Mississipi since there's is based on Napoleonic law not English law.

SirFuego
02-23-2012, 02:30 PM
Not 100% on this but... the two leasors can sue the estate for breach of contract.
Welcome to 2007.

Here are the high-level cliffs:
- Kyle and Steph got evicted for supposedly breaching the lease (unpaid rent, I believe) and there are plans to build an airport where Paragon was.
- Kyle and Steph appeal eviction citing that they paid everything and never breached the lease.
- Some documents were supposedly not filed on time -- Kyle and Steph claim they did file on time, though.
- Eviction is upheld and Paragon closes officially.
- Kyle and Steph buy the Badlands Offroad Park in Indiana.
- The land owner, lawyer, judge, and secretaries involved in the Paragon eviction case were all found to be in cahoots with each other (a lot of money changed hands between them) for years and years of past cases -- thus nullifying the results of the 100s of court cases they were all involved in.
- Kyle and Steph's new court date keeps getting postponed (although I haven't been keeping tabs of whether they are still waiting or even bothering with this anymore).

So yeah, they did everything they legally could -- but the judicial system in that area was totally corrupt.

ZJ TINS
03-02-2012, 05:41 PM
So the new court can look at the old courts corrupted verdict and set aside that finding or award. Then they can do what I stated before, but it takes time and money and no guarantee.

Sudz
02-03-2014, 08:42 PM
Cargo airport denied approval
By peter e. bortner (Staff Writer)
Published: January 31, 2014


Opponents of a cargo airport proposed for the Hazleton area won a significant victory Thursday, as a Schuylkill County judge denied a special exception for the partnership that wants to construct the facility.

In a 28-page opinion and order, Judge James P. Goodman ruled that Gladstone Partners LP, Pittsburgh, failed to show it had sufficient off-street parking, proper access and a state aviation license for the airport.

All three are necessary for the approval, and the Schuylkill County Zoning Hearing Board erred when it granted the special exception on Aug. 3, 2012, without any of them, Goodman decided.

"The Board abused its discretion and erroneously granted the special exception," Goodman wrote.

The decision represents a victory for East Union Township and Service Electric Cable Vision Inc., which had appealed the board's decision and sought to block the airport.

Goodman did not go further in his ruling, leaving unanswered the question of whether the board had the right to hear the case.

However, his ruling deals a serious, perhaps fatal, blow to the plans for the airport Gladstone wants to build on a 4,300-acre unimproved property in East Union and Kline townships in Schuylkill County and Hazle Township in Luzerne County. The property borders Humboldt Industrial Park and Interstate 81.

Some citizens and officials in East Union Township have opposed the proposal, citing concerns about noise, property values and traffic.

On June 11, 2009, during the controversy over the proposal, East Union enacted a zoning ordinance and has contended Gladstone must seek zoning approval from it instead of the county.

In his opinion, Goodman said Gladstone had the burden of showing it had complied with the county zoning ordinance's requirements for a special exception.

"(It) must prove not only that the proposed use was of a type permitted by special exception but also that the proposed use complied with the other applicable requirements of the ordinance which expressly govern such a grant," Goodman wrote.

Gladstone produced no evidence that it provided either a sufficient number of off-street parking spaces for the airport or for adequate entry and exit to the property itself, Goodman wrote.

"Gladstone presented plans which depict the layout of the runway but no plans that depict any parking or any ingress or egress," according to the judge.

Goodman also wrote that Gladstone's plans contain no indication of any access except for a minor road, and that is not permitted under the ordinance.

Furthermore, Gladstone's promises that it will supply adequate off-street parking, entry and exit, are insufficient to satisfy the ordinance, and are not made sufficient by the board conditioning its approval requiring primary entry and exit for all vehicle traffic to and from the property to be directly from Interstate 81, according to Goodman.

"An applicant must show at the time of the application compliance with all of the zoning requirements," he wrote. "The grant of a special exception cannot be supported by a promise to comply with the ordinance."

Additionally, Gladstone failed to obtain a license from the state Department of Transportation's Bureau of Aviation before filing for the special exception, and Goodman ruled that that oversight also requires rejection of the special exception.

It is irrelevant that the Federal Aviation Administration has given a conditional no objection to letter for the airport, Goodman wrote. That letter deals only with reservation of air space and explicitly does not pre-empt any state regulation, according to the judge.

"We find that Gladstone was required to be licensed by PennDOT" before applying for the special exception, Goodman wrote.

Those failures are sufficient to require denial of the special exception, according to Goodman.

Specifically, he said no discussion was required of the pending ordinance doctrine, which could force Gladstone to go before East Union zoners instead of the county board because township's ordinance was under actual consideration when the partnership submitted its application.

"We need not address any of the other issues presented," Goodman wrote.

In a separate case, the Commonwealth Court upheld the legality of East Union's zoning ordinance.