Here is what's in the news today:
Paragon to keep land through appeals
By STEVE MOCARSKY smocarsky@timesleader.com
WILKES-BARRE – Paragon Adventure Park scored another victory in court Wednesday when a judge ruled that owner Kyle Knosp could keep possession of the land until all appeals on a lease issue have been exhausted.
Luzerne County Court of Common Pleas Judge Ann Lokuta made the ruling after hearing arguments on whether a preliminary injunction she imposed Tuesday, which barred Gladstone Partners L.P. from land occupied by the park, should remain in effect.
Gladstone – a group that wants to build a $1.6 billion cargo airport on land partly occupied by the offroad vehicle park – sued Knosp in June, 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 denies breaching the lease and is appealing an eviction order issued by a lower court.
Gladstone had exercised the eviction order on Monday, padlocking the park gate and Knosp’s office trailer. Lokuta’s preliminary injunction on Tuesday returned park access to Knosp.
At the start of Wednesday’s hearing, Gladstone attorney Jill Moran, the county prothonotary, asked Lokuta to recuse herself because the Judicial Conduct Board interviewed Moran in its investigation that preceded the board filing misconduct charges against Lokuta in November.
Lokuta denied the motion, saying she has no prejudice toward Moran.
Knosp testified that he was being hurt financially by being denied access to the land.
After a cross-examination, Lokuta chastised Gladstone co-counsel Jonathan Lang for producing no witnesses of his own. She said she granted Wednesday’s hearing partly because Lang indicated he intended to call witnesses in the case.
Lang detailed six reasons why the injunction should be dismissed, including that Knosp failed to show immediate and irreparable harm to his business.
After taking the case under consideration, Lokuta issued a written order that grants Knosp access to the land and bars Gladstone from interfering with Paragon’s use of the land throughout the appeals process.
She also ordered Knosp to post a $7,648 bond to continue his appeal, rather than honor Gladstone’s request that Knosp post a $40 million bond. Lokuta said Gladstone produced no evidence that it intended to buy the land for $40 million.
Lycoming County Senior Judge Clinton Smith will hear arguments today on whether Knosp can proceed with another form of appeal in the case. Smith dismissed one appeal last week.
Steve Mocarsky, a Times Leader staff writer, may be reached at 459-2005.
http://www.timesleader.com/mld/timesleader/news/16649983.htm
