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WHOO HOO Another WIN
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| By: |
Ashley |
| Mood: |
feel like wheelin |
| Date: |
02/08/2007 12:10:58 |
| Music: |
None |
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udge allows Paragon on land   Thursday, 08 February 2007 By JIM DINOStandard-SpeakerWILKES-BARRE – A Luzerne County judge Wednesday afternoon ordered the operator of an off-road vehicle park back on the land where he operated. After a 90-minute hearing – and 30 minutes of deliberations – Luzerne County Common Pleas Judge Ann Lokuta ruled that Overland Enterprises, the operators of Paragon Adventure Park, be allowed back onto the 480-acre parcel of land where the park operated until Monday, when the developers of a proposed cargo airport, Gladstone Partners LLP, took possession of the land after Lycoming County Senior Judge Clifford Smith last week upheld the decision of District Judge Thomas Sharkey, which gave Gladstone possession of about 250 acres of Paragon’s parcel.But the decision is just to allow Paragon back onto its land. Another appeal of Sharkey’s decision will be heard today at 11 a.m. before Senior Judge Smith, who is presiding in Luzerne County Court in the case.Before the hearing, Kyle Knosp, the operator of Paragon, said on Monday that he turned over keys to locked gates to the property to Gladstone personnel, but locks were changed, and he could not get on the property temporarily – although he said he was subsequently allowed onto the property to remove his office trailer and six vehicles he owns.In the decision, Lokuta said Gladstone could not deny Knosp access, nor could any property of Paragon’s be destroyed.Further, Lokuta said Gladstone is “enjoined from interfering with the use of the leased premises” by Paragon.But Paragon must post a bond for the $7,648.35 decision Luzerne County Judge Hugh Mundy ruled last fall be paid for back rent. And Paragon must submit its monthly rental payments to the court.In the hearing, Knosp said he was allowed onto the property and recovered “about 75 percent” of his equipment. He said when he took over the nine-year-old park three years ago, he suffered from the previous owner not paying bills and had a hard time doing business with vendors.Knosp also said he attempted to contact PCA Corp., the owner of the land, to lease another parcel, but could not contact them despite telephone calls and letters.Lawyers for Gladstone argued that Paragon should not be allowed onto the property because it has not posted a $40 million bond.Judge Lokuta asked why $40 million, and the lawyers explained that PCA offered to sell the land at $9,000 an acre to Knosp. At $9,000 an acre, the purchase price for 4,200 acres would have been $37,800,000. Knosp also leases about 400 acres from a local hunting club and another 100 acres from another landowner.Knosp’s attorney, James Scallion, said PCA had offered the land to Knosp, but did not give details of its purchase to him, so it was not, in the eyes of the law, an offer.Before Lokuta convened the hearing, she heard arguments on a recusal request by Gladstone’s attorneys.Attorney Jill Moran asked the judge to excuse herself from the case because, in her position as county prothonotary, she could be called as a witness in connection with legal action pending against the judge. Moran also said she has been the chief counsel representing Gladstone in all court proceedings.But Lokuta said she had no prejudice toward Moran and would hear the case and issue a ruling. 
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