Paragon can keep land until appeals have been exhausted

[HummBebe]

Some good news

Judge Lokuta allows Paragon owner access to site
By STEVE MOCARSKY
smocarsky@timesleader.com

WILKES-BARRE ? A Luzerne County Judge has issued a preliminary injunction granting the owner of Paragon Adventure Park access to his off-road vehicle park, where the gate was padlocked Monday by a group who wants to build a cargo airport on the site.

Judge Ann Lokuta also barred Gladstone Partners L.P. ? the group that wants to build the airport ? from using the site until further notice. Her order prohibits Gladstone from denying park owner Kyle Knosp access to his personal property at the park, located partly in Hazle Township and in East Union Township in Schuylkill County.

Gladstone, in exercising a possession order from District Judge Thomas Sharkey on Monday, had a state constable lock the gate to the park property and change the locks on Knosp?s office trailer on site.

Lokuta says Paragon can keep land until appeals have been exhausted

WILKES-BARRE ? The owner of Paragon Adventure Park scored another victory in court today when a judge ruled that Kyle Knosp ? the off-road-vehicle park owner ? would keep possession of the park?s land until all appeals on a lease issue have been exhausted.

Gladstone Partners L.P. ? a group that wants to build a $1.6 billion cargo airport on land partly occupied by the park ? sued Knosp, claiming that he breached his 25-year lease with landowner PCA Corp. The Gladstone Partners want Paragon evicted so they can buy the land from PCA Corp.

Knosp denied breaching the lease and is appealing an eviction order issued by a lower court.

Luzerne County Court of Common Pleas Judge Ann Lokuta denied nearly every motion or request Gladstone made at today?s hearing, including a request to recuse herself from the case because of a possible prejudice toward Gladstone?s attorney of record ? Jill Moran, who is also the county prothonotary.

Lokuta heard arguments on whether a preliminary injunction she issued yesterday to bar Gladstone from the land through the appeal process should remain in effect.

Gladstone on Monday had exercised an eviction order from a lower court; they padlocked the park gate and locked Knosp out of his office trailer.

The order Lokuta issued today prohibits Gladstone from denying Knosp access to the land and barred Gladstone from interfering with Paragon?s use of the land throughout the appeals process. Her order also requires Knosp to post a $7,648.35 bond to guarantee his appeal, rather than honor Gladstone?s request that he post a $40 million bond.

Look for the full story in Thursday?s Times Leader.

A small victory....keep going out there....you've got their attention!!!

[wpage]

Humbebe,
Thanks for running with these important threads on land use issues. Paragon represents a example of the future of attacks by both private and public attacks on what you might characterize as range access for vehicles. So often when off roading lately wondering when the sirens may go off and the man may be hassling some new rule point. Ruining the fun..
Freedom is something that in any realm is worth the fight! Everyone should do what they can to protect their local rights to roam off road responsibly.

[KenP]

I'm all for fighting to keep property available for wheeling, but PAP isn't government owned, it's private. The owners can do what they want with it and that includes doing NOTHING with it and just let it sit vacant, leaving it as-is, or developing it in some manner.

I'd hate to see the rights of property owners infringed upon. That'd be a slippery slope we wouldn't be able climb back up.

Be that as it may, it still sux that the place may close.

[BlueHUMMERH2]

What did Paragon do that violated the lease agreement anyway?

[HummBebe]

Nothing. Although I'm not sure about any stipulations in Landlord Tenant Law in that particular state,typically a tenant by law, unless they are on a month to month contract, must be given proper notice to vacate.

Most states has provisions for tenants when properties are sold to new owners. It can range anywhere from 60 day notice to vacate, to 120 days depending on the remainder of the term of the lease.

Like I say, every state is different.Typically they are given 60 day notice to vacate after all plans for development have been approved by the county in California.

So until plans have been submitted and approved, which can take years, I think the park should be allowed to stay open.

[MarineHawk]

Originally Posted by KenP

I'm all for fighting to keep property available for wheeling, but PAP isn't government owned, it's private. The owners can do what they want with it and that includes doing NOTHING with it and just let it sit vacant, leaving it as-is, or developing it in some manner.

I'd hate to see the rights of property owners infringed upon. That'd be a slippery slope we wouldn't be able climb back up.

Be that as it may, it still sux that the place may close.

I'm fanatically against Socialism, unless it creates more wheeling opportunities; then I become a Socialist.

[BlueHUMMERH2]

According to one of the guides today, Paragon will not continue to operate at it's current location past this summer. They're working on a new location. Here's what it looked like today:

[The Juice]

White men can't jump.

[NEOCON1]

Originally Posted by The Juice

White men can't jump.

X2 lmao