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* CLP REPORT *
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[June 27, 2018, 12:17:55 AM]

Author Topic: * CLP REPORT *  (Read 2324580 times)

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gore range

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Re: * CLP REPORT *
« Reply #11265 on: April 25, 2018, 02:06:30 PM »


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clp_lives

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Re: * CLP REPORT *
« Reply #11266 on: April 25, 2018, 04:16:03 PM »
$25 a person is a lot for most in the area.  Maybe they try it once.

   ...
the Escape Rooms they have there are pretty neat. If you've never been to one, I highly recommend it.

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NightmarePatrol

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Re: * CLP REPORT *
« Reply #11267 on: April 27, 2018, 08:28:40 AM »
I've never been to one, but I know people that have gone to them. I guess they are fun, but you need to have a sizable population. Most of the escape room places here have several going and one that is always under renovation with the next plan. I hope they don't think they'll make it with just one escape room to choose from.
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Amidala

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Re: * CLP REPORT *
« Reply #11268 on: April 27, 2018, 11:31:06 AM »
The successful biz plan for tourist attractions in the county is to be so top notch that people will come from afar and pay a profitable admission fee to participate. We need more cash INFLOW, not outflow. There are not enough people or dollars here to make touristy things sustainable and profitable. As was said earlier, $25 is a steep price for locals to pay. Dollars need to be brought in from outside. Remember - in the Park's heyday, where did the money come from? It arrived on the trains and in early vehicles from OUTSIDE the area.
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gore range

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Re: * CLP REPORT *
« Reply #11269 on: April 27, 2018, 11:40:41 AM »
....former park-paid CLP executive director Mark Turner is on public record stating the vast majority of park patrons are out of towners, and that the EPACC’s efforts in the park have not been embraced by local municipalities or  residents.

Turner’s statement regarding local municipalities/resident  appears to be validated by Conneaut Lake borough resident’s grass-roots all volunteer effort to raise $4 million in government grants to fund the current redevelopment of the south end of the lake into the area’s premier day tourist destination for lake recreational activities. Of note, the borough’s on going all-volunteer redevelopment efforts have no relationship or dealings with the EPACC, the privately owned non-profit corporation which  promotes itself as  focusing on promoting and enabling sustainable economic growth for Crawford County.

While the local press continual heralds the alleged revenue the park is making, going as far to state the park is emerging from bankruptcy, the defacto reality contrast and compare is that per the annual Crawford County Fair financial reports, the Crawford County Fair averages making more net profit in one day of its annual week-long operation than the documented record reports the park has made in total during the park’s past quarter century. And....... the fair is paying its bills, and is making noteworthy infrastructure improvements annually.
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The Wraith

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Re: * CLP REPORT *
« Reply #11270 on: April 27, 2018, 02:52:10 PM »
Oh, another fair and Conneaut Lake Borough reference........ about that.

"Recognizing the 2017 Crawford County Fair had losses totaling more than $200,000, the county Fair Board reviewed plans for the 2018 edition....."

"The annual treasurer's report showed the fair lost $219,519.73, of which $38,904.77 was from the grandstand acts.

The operating expenses totaled $1,361,987.30 compared to revenues of $1,263,010.54. Expenses increased when adding capital expenses totaling $120,542.97. Of that, $50,000 was the final payment to commissioners for the grandstand.

When not counting the capital expenses, the 2017 fair lost about $99,000"


AND...

"Losing nearly a combined $300,000 on its concerts for the past four years has the Crawford County Fair Board looking at possible changes."

"However, for the period 2013 through 2016, the fair has lost a combined $295,202 on concerts which breaks down as an $81,367 loss in 2016; a $156,595 loss in 2015; a $45,686 loss in 2014; and an $11,554 loss in 2013.

The last year concerts generated profits for the fair was in 2012."


It is much simpler for a "County Fair" to maintain a level of performance when there is the support of the County Commissioners, and their check book, to act as a rainy day fund.

As for those "Grants" being received by the Borough of Conneaut Lake........ where do you think those funds come from if they are not from private foundations? Government grants come from your tax dollars, so the assertion that there were no tax dollars used in the projects is a half truth. Not to mention that the Borough has also benefited from the generousness of a private corporation/individual when they established the Dietrich Foundation Fund for Conneaut Lake. This organization comes in helpful when you may need matching funds.

Link: https://pittsburghfoundation.org/dietrichconneaut

There is always more to a story when you examine ALL aspects of it. Everyone has their associated "cheerleaders" whose job it is to get a crowd to see things the way a particular entity wants it presented. That includes the fair, the newspaper, the borough, and the park. It's not just a random occurrence........

Apples are best compared to other apples...... but we have been down this road before and it won't matter.

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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

gore range

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Re: * CLP REPORT *
« Reply #11271 on: April 27, 2018, 05:14:03 PM »
........
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gore range

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Re: * CLP REPORT *
« Reply #11272 on: April 28, 2018, 11:59:25 AM »
....for what it is worth, a local historian with a bit of an established background in park historical matters shared his observation on social media-

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gore range

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Re: * CLP REPORT *
« Reply #11273 on: April 29, 2018, 09:54:27 AM »
....update regarding:








....as of April 29, 2017:




....average donation is $19, averaging $18 per day.
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The Wraith

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Re: * CLP REPORT *
« Reply #11274 on: May 05, 2018, 12:12:35 PM »
It appears that emerging from Bankruptcy won't be happening in the "near" future. Imagine what could be getting done if funding wasn't being diverted to the cost of legal representation...... on both sides.

PR filed an adversary complaint against the Trustee's (where it should have been in the first place):

Thursday, May 3, 2018
Complaint: Updated Thu 8:48 PM
Adversary case   Complaint for Subrogation by Park Restoration, LLC against Trustees of  Conneaut Lake Park, Inc.. Fee Amount $ 350. Nature of Suit: Recovery of money/property - other (Mizner, John)



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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

gore range

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Re: * CLP REPORT *
« Reply #11275 on: May 05, 2018, 04:29:00 PM »
For the new readers unfamiliar with the recent park filings in court, contrary to reports in the local press regarding the misreporting how well the park is doing financially, not reported in the local press are the various  CLP court filings informing the court and the creditors that the park continues on its trajectory of declining dire financial shape.

As documented herein, and yet again not reported by the local press, at the recent hearing for the sale of the last lake front lot, the park official filed a motion stating  that the park “does not have sufficient funding from ongoing operations to pay its prepetition liabilities as well being unable to finance the needed capital improvements and maintenance that is required for the park.”

Additionally, the park recently filed and was granted a second request for their second delay in applying to exit bankruptcy, which maintains court debt collection protections and bars creditors from initiating collection efforts on the new debt incurred since filing for bankruptcy. 

Now coming up on two years since its bankruptcy plan was approved, with its continued revenue losses  on operations resulting in continued growing debts, the park is not only not nearer to exiting bankruptcy, but appears even further away when they applied for bankruptcy protection three and one half years ago.

Per court filings, the park’s own figures reported to the court show that even with out the expense of legal fees, the park would still be losing the same amount of net profit revenues on operations and have not made progress towards exiting bankruptcy.

While continuing to not pay it numerous current bills and debts, and not counting the prepetition bankruptcy debts the park admits it can not pay, the salvation-saving upside for the small number of park lovers is that there is no indication in the foreseeable future that anything will change, and the park will likely struggle along continuing to lose money until some currently unforeseeable event changes the current course. Currently, it appears the most likely biggest threat to the park being yet once again liquidated is likely its inability to pay its sewer taxes/fees, which per court filings, have gone unpaid since April of 2016.
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gore range

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Re: * CLP REPORT *
« Reply #11276 on: May 13, 2018, 11:00:54 PM »
To those readers messaging asking for background information on



Subrogation is a recognized and solidly established   legal option which offers/permits an insured party (in this case Park Restoration LLC, PRLLC),-

....to legally pursue financial damages against a third party (in this case the Trustees of CLP Inc.) who caused an insurance loss to the insured (again, PRLCC).

For newer readers, a short synopsis of the case is-

- the Trustees leased the Beach Club operation to PRLLC.

- part of the lease agreement was PRLLC was to physically improve the facilities.

- PRLLC obtained and unilaterally paid an insurance policy against fire loss for $611,000 to protect their financial investment in remodeling and improving the Beach Club and Dockside Banquet Facility (the former Cafeteria building).

- the Trustees had no insurance on the Beach Club  and Dockside facilities, nor had the Trustees paid property taxes for the entire 55 acre tax plot on which the Beach Club was located.

- when the Beach Club was destroyed in August  2013, the township utilized an established state law to claim $428,000 of the insurance policy for payment on the park's unpaid back property taxes.

- the case worked its way thru the courts resulting in the tax bodies receiving the $428,000 in August of 2017.

-  PRLLC filed its subrogation case in U.S. Federal Bankruptcy Court against the Trustees on May 3.

- PRLLC’s subrogation filing argues  :

- -  the Trustees had a legal duty to pay the property taxes on the land it owned at Conneaut Lake Park.

- - the Trustees breached their legal duty to pay the property taxes on the land it owned at Conneaut Lake Park.

- - when the Trustees filed their bankruptcy petition, the Taxing Authorities filed a proof of claim, documenting  that they were entitled to repayment in full for the delinquent taxes.

- - per the state law ( 40 Pa. Stat § 638) , proceeds from the insurance policy paid for by PRLLC were granted to the Taxing Authorities to pay the Trustees (the third party) delinquent property taxes owed on the entire 55 acre parcel on Conneaut Lake, not just the single acre that included the Beach Club, going back to 1996.

- - PLRCC argues PRLLC’s insurance proceeds were thus involuntarily taken to pay for the Trustee’s  $478,260.75 worth of  delinquent property taxes

- - PRLLC sites that under  Section 509 of the Bankruptcy Code, PRLLC is entitled to “step into the shoes” (actually the term cited in Bankruptcy code) of the Taxing Authorities and use the Tax  Authorities’ properly noticed claim to seek damages against the Trustees (the third party causing the insurance loss).
 
- - PRLLC  demands judgment in its favor and against the Trustees of Conneaut Lake Park, Inc. in the amount of $478,260.75, plus interest, along with all other relief allowed by law.


PRLLC appears to present a thoroughly researched and established case law argument supporting awarding damages. But courts being courts, such is no guarantees of final results.

Based on the history of previous legal actions between the Trustees and PRLLC, if the Bankruptcy Court proceeds with the case, the case will likely take several years to wind its way to completion depending on the number of appeals filed in the  court/s’ ruling/s.

On a likely pertinent side note, as previous posted herein, this past March, the Trustees officially notified the court and creditors the Trustee’s are experiencing cash flow revenue issues, of note at a critically significant time of the season:



According to recent court filings, Allan Shaddinger, attorney for the Conneaut Lake Joint Municipal Authority (the lake area sewer system agency), informed the court the park has not paid its sewer bill to the Conneaut Lake Joint Municipal authority since February of 2016.

To no surprise, given the documented record, I am not aware the local press has reported on any of the above to the local property taxpayers and/or voters. 

« Last Edit: May 14, 2018, 03:22:42 AM by gore range »
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The Wraith

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Re: * CLP REPORT *
« Reply #11277 on: May 16, 2018, 10:14:11 AM »
The Bankruptcy Court yesterday issued a very direct and straightforward order to Park Restoration.....

"Order Granting Motion for Order Enforcing the Discharge Injunction. Park Restoration shall withdraw the Post Confirmation Lawsuit within 30 days and file a certificate of compliance with the Court. The failure to do so shall result in a finding of contempt and the possible issuance of sanctions. Signed on 5/15/2018."

For those not "familiar" with this issue, Park Restoration (Mr. Popovich) filed a lawsuit in the County court seeking to recover the lost insurance funds from the Trustee's that were granted to the taxing authorities from the Beach Club insurance policy held by PR. The law ,in general, prohibits this kind of tactic as long as a debtor is still under the protection of the bankruptcy court. PR has since filed a similar issue with the Bankruptcy Court - where it should have been in the first place. This issue will be recognized as an "adversary proceeding" which means it runs as a separate issue along side of the bankruptcy in general. Generally, these issues need to be decided before the over all case can be discharged from the bankruptcy courts jurisdiction.

Provided as a courtesy for "newer GORE readers."



On a related note, purely for credibility purposes, I provide my initial commentary on the topic when it was challenged. Amended to reflect topical information....


.......NOBS: If PR is an after the fact creditor, it happened after bankruptcy and  you move to the back of the line and wait since PR never filed at the  beginning. Your counsel appears to have jumped the gun and is possibly  going to pay the price. Might try another option that would travel  through the bankruptcy.......... and about that jumping the gun thing:

"The  Courts will defend discharged debtors, and punish creditors and their  attorneys, who are found to have violated the discharge injunction."

"A  court may impose civil contempt sanctions where there is clear and  convincing evidence that (1) a valid order of the court existed; (2) the  defendant had knowledge of the order; and (3) the defendant disobeyed  the order. See Robin v. Woods, 28 F.3d 396,399 (3d Cir.1994); In re  Close, 2003 WL 22697825 at *10.

Previously, a Judge of the United  States Bankruptcy Court for the Eastern District of Pennsylvania  awarded $198.00 in actual damages against a Credit Union and their  attorneys when they pursued monetary damages in connection with an in  rem mortgage foreclosure action against a discharged debtor. While that  amount does not appear to be significant, it is worth mentioning that  the Court awarded substantial attorney fees plus costs to the debtor’s  attorney in connection with the award."


To be noted: The defendant in the Trustee's case filing is Park Restoration, not  their counsel. The case filed in the county court system in January 2018  with a case no. AD 2018-32 lists the Plaintiff: PARK RESTORATION LLC and the Defendant:  TRUSTEES OF CONNEAUT LAKE PARK INC. - Which is by the way, Exhibit C of  the Trustees motion. So yes, I think that qualifies as "creditor".

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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

gore range

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Re: * CLP REPORT *
« Reply #11278 on: May 16, 2018, 12:48:06 PM »
re:

 
 ….key points the court concluded in reaching the ruling:



[/]
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clp_lives

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Re: * CLP REPORT *
« Reply #11279 on: May 21, 2018, 09:11:39 AM »
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