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The Trump Administration
by gore range
[Yesterday at 09:29:01 AM]
* CLP REPORT *
by gore range
[August 18, 2018, 09:31:27 AM]
Tell us how you hated 8 years of OBAMA and less than 2 years of TRUMP...
by gore range
[August 04, 2018, 10:25:07 PM]
....bang bang....
by lifefeedsonlife
[August 04, 2018, 12:01:35 PM]
No Topic. Anything Goes.
by gore range
[July 07, 2018, 06:26:30 AM]

Author Topic: * CLP REPORT *  (Read 2338833 times)

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The Wraith

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Re: * CLP REPORT *
« Reply #11160 on: January 18, 2018, 01:49:33 PM »
And the circus continues.....

Story is courtesy of the Meadville Tribune:

Quote
Conneaut Lake Park's food concessions operator suing Trustees after contract terminated

By Keith Gushard Meadville Tribune 

Conneaut Lake Park
Meadville Tribune file photo

Conneaut Lake Park's food concessions operator is suing Trustees of Conneaut Lake Park for breach of contract and wants Crawford County Court of Common Pleas to intervene with an injunction to enforce the contract.

On Tuesday, Dennis Taxacher of Conneaut Lake filed suit in county court against Trustees claiming an attempt to terminate his five-year deal is a breach of contract and that he has not violated any terms of the pact. Trustees, the nonprofit corporation that oversees amusement park operations, signed a five-year contract with Taxacher last year to operate the concession stands for the 2017 through 2021 seasons.

The suit claims Taxacher is entitled to have the contract continue to its end since he "performed all duties according to the terms of the agreement."

Trustees also waived any right claim to breach of contract by Taxacher since he performed under terms of the agreement during the amusement park's 2017 season and Taxacher never received any complaints from Trustees on any required performance including his accounting of concession fees owed, insurance required or his conduct, according to the suit.

Under the five-agreement, Taxacher pays Trustees a percentage of gross revenue on all food and beverages sold with a guaranteed payment of $40,000 each year. The agreement calls for Taxacher to pay 12.5 percent of gross revenue the first two years, 13 percent the third and fourth years and 13.5 percent the fifth year.

Operating the concessions on its own during 2016, Trustees had made about $40,000 in 2016, according to Mark Turner, the then-executive director of Trustees.

The suit contends a Jan. 3 letter Taxacher received from Trustees' attorney John Swick claimed Taxacher was in breach of his contract "alleging several unsubstantiated violations of the agreement" and the agreement would be terminated within 10 days of the Jan. 3 date.

The termination clause of the agreement also gave Taxacher 10 days to remove all equipment Taxacher provided at the park or his equipment would be considered abandoned, the suit claims

Taxacher also is petitioning county court to issue a preliminary injunction to stop Trustees from taking control of any equipment, supplies or inventory Taxacher supplied; stop Trustees from entering into a food concessions contract with another vendor; and compel the five-year agreement between Taxacher and Trustees be enforced while the lawsuit is unresolved.

No date has been set by county court to hear argument on the preliminary injunction.

Matthew Jorden, Taxacher's attorney, declined to discuss what the alleged unsubstantiated violations of the agreement were when Jorden was contacted by the Tribune. Jorden said he wouldn't discuss evidence yet to be submitted at a court hearing.

Jorden confirmed he had been in talks Wednesday with Swick about Taxacher's concession equipment but didn't want to remove it since "we plan to pursue enforcement of the contract."

Swick told the Tribune that Trustees were not willing to concede there was an agreement with Taxacher.

"He was an at-will contractor," Swick said. "We don't want his equipment."

Both Bill Bragg, chairman of Trustees, and Jim Becker, executive director of Trustees, confirmed to the Tribune each was aware the suit.

"We're not interested in his equipment nor do we want it," Bragg said.

Becker declined any other comment, citing the pending litigation.

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jimmyt

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Re: * CLP REPORT *
« Reply #11161 on: January 18, 2018, 06:05:18 PM »
dont know what thats all about....I thought the "contract" was recorded somewhere in the court documents.....my only complaint was hit and miss hours....walked up more than once to get fries when the park was open, only to find the fry stand closed because of the crowd....at least one Saturday afternoon they were closed....
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bluebomber

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Re: * CLP REPORT *
« Reply #11162 on: January 19, 2018, 08:59:53 AM »
JT,Experienced the same thing this past summer. Maybe that is a violation of the lease the trustees are hanging their hat on. I would think with a contract that it should be simple to point out a violation. More drama and lawyer fees.
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clp_lives

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Re: * CLP REPORT *
« Reply #11163 on: January 20, 2018, 08:13:12 PM »
http://www.meadvilletribune.com/news/local_news/trustees-of-conneaut-lake-park-still-trying-to-convert-land/article_1b14703d-1fc9-5dce-9406-a6fab4ed9690.html

Didn't the Trustees say the conversion was optional when they initially brought this up, now they are saying the Trustees will take possession of the property if not converted.
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jimmyt

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Re: * CLP REPORT *
« Reply #11164 on: January 20, 2018, 08:16:09 PM »
http://www.meadvilletribune.com/news/local_news/trustees-of-conneaut-lake-park-still-trying-to-convert-land/article_1b14703d-1fc9-5dce-9406-a6fab4ed9690.html

Didn't the Trustees say the conversion was optional when they initially brought this up, now they are saying the Trustees will take possession of the property if not converted.

the EPACC is the one that identified all the leases and deeds under the so called MASTER PLAN.....now they dont know ?!?!?1
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bluebomber

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Re: * CLP REPORT *
« Reply #11165 on: January 21, 2018, 09:55:03 AM »
Trustee scare tactic. I have had different lawyers look at the our long term lease and the terms are binding. The trustees can not break these leases. We signed the paperwork because I want the deed but I have heard from other leaseholders who don't want to spend the $850 to convert their lease into a deed. 
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gore range

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Re: * CLP REPORT *
« Reply #11166 on: January 21, 2018, 10:11:56 AM »
...Didn't the Trustees say the conversion was optional when they initially brought this up, now they are saying the Trustees will take possession of the property if not converted.

In going thru the archive press articles, there are no reports the Trustees have not said any thing other than the opportunity was and will be available for leaseholders to convert their leased park-owned lots to the leaseholders private ownership.
In the reporting, the Trustees have always been up front and clear that the Trustees did not know what would happen to the leaseholders’ structures on the leased lots if the leaseholders did not convert their leases to private ownership.

Per the news reporting in the paper, The Trustees have always been up front that if lessees did not convert their lease that the possibility existed lessees could end losing the ability to keep using the leased lot.

Back in 2014, just after the EPACC took over control of the park, and two years before the bankruptcy a plan approval the Tribune reported that the Trustees will look at offering lot lessees another opportunity to purchase the park lots, and that if the lessees did not do so, that if the park files for bankruptcy, the court may be asked to vacant those lot leases remaining unsold.  
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jimmyt

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Re: * CLP REPORT *
« Reply #11167 on: January 21, 2018, 05:59:54 PM »
Trustee scare tactic. I have had different lawyers look at the our long term lease and the terms are binding. The trustees can not break these leases. We signed the paperwork because I want the deed but I have heard from other leaseholders who don't want to spend the $850 to convert their lease into a deed.
remember though when we did this the first time.....Larry Bolla, the homeowners association lawyer (ironic,eh? ) advised us that Federal bankruptcy law trumps PA real estate law...850 is cheap insurance, especially since most of us paid 1200 back then....
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clp_lives

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Re: * CLP REPORT *
« Reply #11168 on: January 22, 2018, 04:20:48 PM »
How will it work, do the homeowners that convert to ownership now get their own water and sewage bills?  Not sure how it is handled now besides the fact the Trustees are not paying the bills.
Trustee scare tactic. I have had different lawyers look at the our long term lease and the terms are binding. The trustees can not break these leases. We signed the paperwork because I want the deed but I have heard from other leaseholders who don't want to spend the $850 to convert their lease into a deed.
remember though when we did this the first time.....Larry Bolla, the homeowners association lawyer (ironic,eh? ) advised us that Federal bankruptcy law trumps PA real estate law...850 is cheap insurance, especially since most of us paid 1200 back then....
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jimmyt

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Re: * CLP REPORT *
« Reply #11169 on: January 22, 2018, 04:46:09 PM »
How will it work, do the homeowners that convert to ownership now get their own water and sewage bills?  Not sure how it is handled now besides the fact the Trustees are not paying the bills.
Trustee scare tactic. I have had different lawyers look at the our long term lease and the terms are binding. The trustees can not break these leases. We signed the paperwork because I want the deed but I have heard from other leaseholders who don't want to spend the $850 to convert their lease into a deed.
remember though when we did this the first time.....Larry Bolla, the homeowners association lawyer (ironic,eh? ) advised us that Federal bankruptcy law trumps PA real estate law...850 is cheap insurance, especially since most of us paid 1200 back then....
we've always paid our own water and sewage and other utilities....
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gore range

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Re: * CLP REPORT *
« Reply #11170 on: January 23, 2018, 09:06:10 AM »
....imagine that-

Park Restoration sues Trustees of Conneaut Lake Park in county court over fire proceeds By Keith Gushard Meadville Tribune
 http://www.meadvilletribune.com/news/local_news/park-restoration-sues-trustees-of-conneaut-lake-park-in-county/article_6a57c8bd-5027-5bf9-9e53-632c908fcb2a.html


The paper reports Park Restoration’s (PR) suit argues PR did not own the Beach Club and only leased the building from the Trustees, with no legal contractual obligation to pay the park’s unpaid property taxes on the property, nor that PR had any legal or contractual obligation to buy insurance on the building.

For newer readers on the matter, PR was previously reported it purchased insurance on the Beach Club to cover PR’s extensive financial investment costs in PR’s remodeling the Beach Club and Dockside Banquet facility (the former park cafeteria located adjacent to the Beach Club. PR had just completed extensive remodeling of the Dockside Banquet facility and was about to open it when the fire started in the Trustee-occupied basement of the structure which was being used by the park for storage of outdated and worn out ride and amusement equipment.

PR argues the park privately owned corporation failed to pay its property taxes on the park and Beach Club property, and it unfairly violates public policy to expect and have a property owner to benefit (getting its delinquent taxes paid) from a lessee who had no legal obligation what so ever to pay the building’s taxes or for insurance on the building.

As the park inequitably and unfairly benefited from the fire, at PR’s expense, the park needs to reimburse PR for it’s unjust economic loss.

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The Wraith

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Re: * CLP REPORT *
« Reply #11171 on: January 23, 2018, 01:16:44 PM »
Once the "quitclaim" deed is purchased and transferred to the new owners it is their property - lock, stock, and barrel. Unless there is some kind of restriction, easement, or variance that travels with the deed/property then the only restrictions would be imposed by the township in which the property sits. Meaning zoning rules and property taxes. Many of the current leaseholders already pay a water, sewer, garbage and electric bill (as JT said). I am not sure if the roads were ever re-dedicated to their respective municipalities for maintenance and upkeep.

Whether the park can re-assimilate delinquent leased property would be held in the lease terms when properly documented or filed at the court house. From all the ones I have read, there are numerous sections in those that could be executed to consider the lease terms broken. (I will post an example of a common park lease below). Property maintenance is perhaps the most obvious. Lease holders would be under no obligation to convert if they are within the terms of that lease. The park may have to buy out a lease holder if they do not wish to convert, or the lease holder could sell their lease rights to someone who would (like myself).

As for the PRLLC lawsuit, again - it will be placed on hold until the bankruptcy court relinquishes jurisdiction of the debtor. I would not expect the two parties to stipulate to allow the bankruptcy court to once again assume venue to hear the case, but stranger things happen in that area. By the time all this bickering ends, there will be no more money left because of lawyer fees, filing fees, and court costs.

Bankruptcy court trumps local or PA laws only in situations concerning the Bankruptcy proceedings/laws, when local or State Laws are in question, the Federal courts are obligated to reference State Laws - or State Precedence/Case Law - to settle issues. Example was the US Federal Courts were obligated use PA Property Laws to interpret the BC insurance money case, not US Code.

As referenced above, this is a lease example from the 1960's. Personal information of the specific party has been redacted (you should be able to right click on the picture to view it and magnify it, if not use your CTRL +):


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“Is there any point in public debate in a society where hardly anyone has been taught how to think, while millions have been taught what to think?” ― Peter Hitchens

nobs_CLP

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Re: * CLP REPORT *
« Reply #11172 on: January 23, 2018, 08:41:58 PM »
The municipalities will assume the roads only if they are brought up to PENNDOT standards.
That is a very costly process.  Turner once boasted that he was going to pave the roads...lol what a pathological liar!
Needless to say, the park road conditions will continue to deteriorate with no end in sight.
The water system is also in total disrepair.  The only newer addition was the arsenic treatment plant and building that park restoration built for the trustees.
Thus, all the new lake front home owners that have and will invest hundreds of thousands of dollars into a home will have to drive thru a mine field to get home.
..and for the 999 year lease holders, look at park restoration, bill's midway marina, the new food concession guy...
If the trustees plan to destroy the park continues, do you really think the bankruptcy judge in place, will act to protect your lease??
or will he allow the trustees to plow over you and throw you out like the all others??
I'd highly recommend getting a deed...
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clp_lives

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Re: * CLP REPORT *
« Reply #11173 on: January 24, 2018, 09:08:24 AM »
If it does not move forward now the lawsuits sure will pile up when they exit bankruptcy with the food vendor as well.  I am sure these won't be the last.
Once the "quitclaim" deed is purchased and transferred to the new owners it is their property - lock, stock, and barrel. Unless there is some kind of restriction, easement, or variance that travels with the deed/property then the only restrictions would be imposed by the township in which the property sits. Meaning zoning rules and property taxes. Many of the current leaseholders already pay a water, sewer, garbage and electric bill (as JT said). I am not sure if the roads were ever re-dedicated to their respective municipalities for maintenance and upkeep.

Whether the park can re-assimilate delinquent leased property would be held in the lease terms when properly documented or filed at the court house. From all the ones I have read, there are numerous sections in those that could be executed to consider the lease terms broken. (I will post an example of a common park lease below). Property maintenance is perhaps the most obvious. Lease holders would be under no obligation to convert if they are within the terms of that lease. The park may have to buy out a lease holder if they do not wish to convert, or the lease holder could sell their lease rights to someone who would (like myself).

As for the PRLLC lawsuit, again - it will be placed on hold until the bankruptcy court relinquishes jurisdiction of the debtor. I would not expect the two parties to stipulate to allow the bankruptcy court to once again assume venue to hear the case, but stranger things happen in that area. By the time all this bickering ends, there will be no more money left because of lawyer fees, filing fees, and court costs.

Bankruptcy court trumps local or PA laws only in situations concerning the Bankruptcy proceedings/laws, when local or State Laws are in question, the Federal courts are obligated to reference State Laws - or State Precedence/Case Law - to settle issues. Example was the US Federal Courts were obligated use PA Property Laws to interpret the BC insurance money case, not US Code.

As referenced above, this is a lease example from the 1960's. Personal information of the specific party has been redacted (you should be able to right click on the picture to view it and magnify it, if not use your CTRL +):



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gore range

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Re: * CLP REPORT *
« Reply #11174 on: January 27, 2018, 10:08:40 AM »
....the full article on Park Restoration sues Trustees of Conneaut Lake Park in county court over fire proceeds By Keith Gushard Meadville Tribune ....

Though it lost a federal court case over almost a half million dollars in insurance proceeds, the former operator of Conneaut Lake Park's Beach Club night club now is suing the park's Trustees in county court to recoup the money.
Last May, Park Restoration LLC, the former operator of the Beach Club, lost on appeal a U.S. District Court case that awarded $478,260.75 in fire insurance proceeds to pay back real estate taxes, interest and penalties Trustees owed on the Beach Club property. Trustees is the nonprofit corporation that oversees the amusement park's operations.

Park Restoration operated the night club under a long-term lease with Trustees since 2008, but the Beach Club was destroyed in an Aug. 1, 2013, fire. Park Restoration had paid for a fire insurance policy on the Beach Club, even though it didn’t own the property.

A 3-0 ruling by the federal appeals court ruling found that under Pennsylvania law, the taxing authorities have first claim to the insurance money if taxes are owed.
While the money first went to Conneaut School District, Crawford County and the townships of Summit and Sadsbury townships to pay delinquent real estate taxes, the appeals court's ruling also didn't stop Park Restoration from "seeking an accounting or any other equitable relief in the future."

In a new lawsuit filed with Crawford County Court of Common Pleas, Park Restoration LLC claims Trustees of Conneaut Lake Park was "unjustly enriched" at Park Restoration's expense when the U.S. Third Circuit Court of Appeals ruled fire insurance proceeds were to pay off the delinquent tax debt on the Beach Club.

"It would be inequitable, unjust and contrary to public policy for the Trustees to escape responsibility for their real estate taxes and to retain the benefit of the payment of its delinquent real estate taxes by PRL (Park Restoration LLC)," the suit claims.

The suit claims Park Restoration didn't own the Beach Club and had no obligation to pay real estate taxes on it; that since 1996 Trustees failed to pay property taxes a 55.33 acre parcel on Conneaut Lake, not just the Beach Club's approximate one acre portion of it; Trustees failed to maintain fire insurance on the Beach Club under terms of its mortgage; and Park Restoration should receive fire insurance proceeds that were used to pay the Trustees’ delinquent real estate taxes.

The suit also wants indemnity, or protection from loss, from Trustees "to prevent injustice because PRL's (Park Restoration LLC's) insurance policy proceeds were taken by operation of law to pay the Trustees' delinquent real estate taxes."

In a statement to the Tribune, John Mizner, Park Restoration's attorney, said, if Trustees had kept taxes current, the proceeds from the fire insurance that Park Restoration had paid to protect the Beach Club never would have been seized.

"Because of the Trustees' shocking disregard for their obligations towards Conneaut Lake Park, Park Restoration has lost hundreds of thousands of dollars and is out of business," Mizner said. "Now, it merely seeks to recover its own insurance proceeds, which were taken to pay the Trustees’ 17-year-old tax bill."

Jim Becker, executive director of Trustees of Conneaut Lake Park, said late Monday afternoon he was unaware of Park Restoration's filing and declined comment.

Tribune calls late Monday afternoon to John Swick, Trustees' attorney, were not returned.

The initial legal fight between Park Restoration and Trustees over the Beach Club fire insurance proceeds goes back more than two years within the federal court system.

In January 2016, Park Restoration filed suit against Trustees in U.S. District Court for Western Pennsylvania to appeal a previous U.S. Bankruptcy Court for Western Pennsylvania ruling on the $611,000 insurance settlement.
Bankruptcy court awarded $478,260.75 to the school district, county and two townships for past real estate taxes and interest and penalties Trustees owed on the Beach Club property and the remaining $132,739.25 to Park Restoration LLC.

A federal District Court judge ruled Park Restoration should get all $611,000, but the school district, county and townships then appealed that ruling to the U.S. Third Circuit Court of Appeals. The federal appeals court ruled 3-0 in May 2017 that the school district, county and two townships had first claim to the money because of the back taxes owed to them.

No date in court has been set for the lawsuit.

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