From the June 4, 2008 TimesLeader
Court upholds ATV park eviction, clearing cargo airport hurdle
By Terrie
Morgan-Beseckertmorgan@timesleader.comLaw & 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.
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