Paragon AP

Absolutely... Thanks much Bill.

Park owner: I’m made out to be bad guy
Kyle Knosp says attempts to cooperate with supporters of the proposed cargo airport so he can keep his business in area have failed.
By STEVE MOCARSKY smocarsky@timesleader.com
Paragon Adventure Park owner Kyle Knosp says statements made about him in an ongoing court battle with cargo airport promoters are unfair and damaging to his reputation.

“They got the press to say that I didn’t pay rent and I was a squatter. That was a blatant lie,” he said.

He said he believes he’s being portrayed as the bad guy who is standing in the way of progress.

“I’ve been willing to cooperate from the beginning with this,” he said. “People are saying, ‘Paragon or the airport’ instead of ‘Paragon and the airport.’ We should have been given the opportunity to co-exist. We tried to take the more peaceful route, but every time, we get hit with a bat.”

Knosp operates the off-road vehicle park on 4,350 acres of land he leases from PCA Corp. in Luzerne and Schuylkill counties.

Officials from Gladstone Partners L.P. announced on Jan. 30 that they want to build a cargo airport on 4,800 acres of land near the Humboldt Industrial Park, which turns out to be land partly occupied by Paragon. The $1.6 billion airport, they say, could bring 4,500 direct jobs and 100,000 ancillary jobs to the area.

Genesis of the legal battle

Knosp’s problems began in March when PCA president Philip Seltzer sent him a letter informing him that PCA had an offer for 2,500 acres of the park land at $9,000 an acre. The letter offered Knosp first right of refusal to buy the land, as was guaranteed in a 25-year lease.

But the letter didn’t identify the potential buyer, nor did it specify which part of the 4,350 acres was up for sale. Knosp said he couldn’t make an offer if he didn’t know which part was for sale.

If PCA had identified the land it wanted to sell in March, Knosp said, and it was land he could do without, he would have declined to buy it, and his lease option for that parcel of land would have expired. He said he could still operate the park with reduced acreage.

In April, Knosp received a letter from Seltzer, stating that PCA was terminating the lease “for breaches and violations.” He referred to stipulations relating to rent payments, PCA’s right to inspect reports of revenues, insolvency, damage to land, negligence and insurance.

Knosp, who was given 10 days to vacate the premises, refused to leave.

Gladstone sued Knosp in June and claimed it was a “successor in interest” to PCA because of a land sales agreement. Gladstone asked the court for a $36,148.35 judgment and to evict Paragon.

The Gladstone group includes former Hazleton Mayor Michael Marsicano and attorneys Robert Powell and Gregory Zappala.

Gladstone is represented by Jill Moran, the county prothonotary.

Knosp said he told District Judge Thomas Sharkey that PCA never asked to see his financials and that PCA’s first right of refusal offer was invalid because the parcel was not identified.

The lease requires either a minimum monthly rent payment or a percentage of Knosp’s gross profits.

Knosp’s attorney, James Scallion, said he demanded evidence that Gladstone had the right to sue because it did not produce a sales agreement. He also challenged Sharkey’s jurisdiction since Knosp’s business offices are in Schuylkill County.

Sharkey ruled in Gladstone’s favor.

Lycoming County Senior Judge Clinton Smith, sitting in for Luzerne County Judge Michael Conahan, recently dismissed two appeals Knosp made in the case.

Knosp has vowed to appeal to state Superior Court.

Rent payments in dispute

Knosp is seeking a site to relocate the park.

“The first question I hear is, ‘Kyle, what’s this about you not paying rent?’” he said.

Knosp last week produced for the Times Leader cancelled checks to PCA Corp from 2005 to the present, as evidence that he has continually paid his rent. He said he believes statements that he didn’t pay rent and that he was a squatter were made to hurt his business.

Gladstone attorney Moran told a reporter that Knosp didn’t pay rent. She said the statements were made in court pleadings and that Knosp had the opportunity to respond to them in court. She said the remarks were not made with the intent of harming Knosp.

Moran said Knosp’s attorney should have told him that rules of civil procedure required him to send rent checks to the county prothonotary’s office after eviction proceedings began.

Knosp said he had no contract with Gladstone and there was no evidence Gladstone had the right to sue him, so he continued paying rent to PCA.

Scallion said during court pleadings that “an experienced magistrate” such as Sharkey “knew or should have known better” than to award a judgment in excess of $8,000. Both sides concurred that a district justice cannot award judgments in excess of $8,000.

Sharkey did not return a call seeking comment.

Tom Ogorzalek, manager for PCA Corp., said he was not aware of any problems with Knosp paying rent or with the way in which the land was used prior to Gladstone coming into the picture in March.

Ogorzalek said he couldn’t comment further because of a confidentiality agreement with Gladstone.

Knosp: Work with me

Knosp questions whether cargo airport proponents are considering negative aspects to the project such as road congestion, environmental and noise issues and overcrowded schools that the airport might cause.

He doesn’t understand why no one involved in the airport proposal is willing to work with him.

“All I want is to be able to still conduct business in this area. I’m not the villain they’re making me out to be. I’m trying to be a good guy, and I just keep getting pushed on,” Knosp said.

Moran recently said that Gladstone wants to buy all the land in question, and the first right of refusal option in the lease doesn’t apply to 287 acres of land that fronts the property. So PCA couldn’t sell those 287 acres to Gladstone if Knosp wanted to continue renting them.

Knosp said the 287 acres were excluded from the first right of refusal option in the lease to protect his business investment, as access to the remainder of the land would be “extremely limited.” Knosp said he would have given up his rights to those 287 acres if he had been fairly compensated.
[b]

No time to relax. We are open now on the weekends probably for the next couple of months. During that time we will be scouting out new areas. We may even be opening more than one area. Nothing is set as of now, but as soon is something is set, we will let you know. We hope to stay around the same area (within an hour north/south). We are entertaining all ideas at the moment. But we will keep you posted.
__________________
Paragon Adventure Park
info@paragonap.com
(570) 384-0550

Bill thanks for all the info you rock.

Super secret but here it is. kyle has found two sites, one north of hazleton in wilkes-barre area that is about 6500 ac. and the other east of hazleton in jim thorpe pa that has about 1600 ac. not sure if there is existing trails or not but it is a positive sign that paragon will go on. Good source but don't spread this around yet.

WILKES-BARRE — Gladstone Partners filed a motion Tuesday to dissolve an injunction that allows all-terrain vehicle park to continue operations.

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The injunction allows Paragon Adventure Park to remain on land near Hazleton, which is the proposed site for a cargo airport, while the park’s owner appeals an eviction ruling to state Superior Court.

wgilbertpt wrote:

Super secret but here it is. kyle has found two sites, one north of hazleton in wilkes-barre area that is about 6500 ac. and the other east of hazleton in jim thorpe pa that has about 1600 ac. not sure if there is existing trails or not but it is a positive sign that paragon will go on. Good source but don't spread this around yet.

That is pretty great news! Hope it will be official.

How many acres is Paragon now?


It would be nice if Paragon got alittle closer to home...

I thought it was in the 4500 to 5000 range. according to that map they give you its about 16 sqaure miles.

No news as of yet. We are still in negotiations regarding new land with outside landowners. We'll keep you posted!
__________________
Paragon Adventure Park
info@paragonap.com
(570) 384-0550

Link to the feasability study for the airport. The whole sale/airport deal seems totally fishy to me. Gladstone is buying the land but hasn't yet. Gladstone is sueing PAP as a "person of interest" and doesn't own the property. If the airport idea falls through then Gladstone can walk away with minimal loss and PCA still owns the property. Gladstone is owned by the former mayor of Hazleton, the attorney that is suing kyle and an investor. Airport idea by the former mayor was rejected. Gladstone is to give the land away to have the airport built at no benefit to them. Except Gladstone bought all the land around it to develop and sell to businesses associated to the airport at a premium. The airport plans have been submitted to FAA for approval and may take up to 6 months for a decision. Gladstone could effectively kick out PAP for the airport plan and find out 6 months later that the airport is not approved by FAA or cannot get funding(they said private and public funding but nothing specific) that is required to build the airport. End result Kyle is off the property, Gladstone walks away with minimal loss as they haven't signed a sales agreement with PCA. They are rolling the dice and hoping for a good outcome. If Gladstone delays the hearing long enough the airport may not materialize at all and they walk away. If they were to pay Kyle for breaking the lease and treat him fairly then they loose money if the deal doesn't go through with the airport. All Kyle can do is ride this out to the end and see what happens.
http://www.cdscreative.com/assets/pdf/gladstone_feasibility_study.pdf

This is the American way. A capitalistic situation for sure. Put this is a larger scale and that is why our society is so screwed up. Let's hope that Kyle has enough resorces to stay the corse.

Letter from the timesleader today.
Few winners, many losers in proposed cargo airport
The recent announcement that Gladstone Partners, state Rep. Eachus and the Luzerne County Commissioners intend to develop a cargo airport in lower Luzerne County should be a cause for concern to area residents.

Like many past economic development initiatives, it sounds at first like the answer to our prayers for a brighter future. But as the saying goes, “be careful what you ask for, you just might get it.”

The uncertain possibility of thousands of jobs obscures the many consequences of this project.

The project would obliterate thousands of acres of undeveloped open space. Much of this acreage is globally rare pitch pine barrens that are habitat for rare and endangered species.

The fact that Paragon Adventure Park is being evicted from the property is only the first instance of what will be sacrificed to an airport. That business attracts outdoor enthusiasts who bring economic benefits to the community and utilize environmental resources without destroying them. That is the kind of economic development our community leaders should be supporting.

Apparently, little of this resonates in a community whose leaders believe in jobs at any cost. The cost of this ideology has been staggering: hundreds of acres contaminated by polluting industries and untold numbers of residents afflicted with environmental health problems.

The social consequences of a rapid population surge caused by the Keystone Opportunity Zone program are only now being understood.

These past experiences in economic development gone awry should resonate within the community. Explosive population growth caused by a cargo airport will overwhelm public services and infrastructure and will extinguish whatever remains of the natural environment and our quality of life.

Crime, congestion and social anomie will plague newcomers and natives alike. If the airport is built the only real winners will be Gladstone Partners.

They will make money on the development scheme even if the airport fails to attract any jobs. After foisting off responsibility for operational success onto the county, taxpayers will pay soaring costs for expanding infrastructure, debt and municipal services. This is what happened in Belleville, Ill., where developers lured a county into building a cargo airport and nobody used it.

Commendably, Times Leader reporters and columnist Mark Guydish have raised some of these concerns, as have Alan Gregory and L.A. Tarone of the Hazleton Standard-Speaker.

And letters to the editor in both papers from patrons of Paragon Adventures and Eagle Rock residents indicate that the community, if not its leaders, recognize the folly of this proposal.

Mr. Guydish and the Times Leader have also reminded us of the roles of Attorney Powell and Mr. Zappella in the Juvenile Detention Center scheme. That the commissioners would hook up with this pair of profiteers again is beyond understanding.

But it seems that nothing is beyond belief in Luzerne County and Hazleton. The fact that former Mayor Marsicano has flown back to Hazleton like a vampire bat should be enough to make rational people put a wooden stake through the heart of this monstrous idea.

And just the fact that this proposal was raised from the dead in complete secrecy should be the greatest cause for alarm. Schuylkill County Commissioners (where most of the property is located), Hazle and East Union township supervisors, Hazleton Mayor Barletta and apparently even Congressman Kanjorski were left out of the loop.

Worse yet, residents and taxpayers that will suffer the social and environmental consequences of this boondoggle weren’t deemed worthy of providing input. That alone indicates that this proposal is not for our benefit. One can only hope that community outrage and state and federal agencies can put this project back in the coffin where it belongs.

This is a huge recovery and great news. "If it sounds to good, it usually is" Such is the case here. It's a shame that is has taken this long for people to wake up to ganster like action. Not owning a thing, they got a Judge to accept a law suit benefiting one side before listening to the other, that judge should be ask to resign and I am sure he got his hand in some one deep pocket. What a racket!

Glad to see the community now backing Kyle and Stephanie.

Yes, It is about time they stand unitied to fight this big businees BS.

Posted today, Wednesday 6pm by Paragon management:

--------------------------------------------------------------------------------

We are still working on a new location. Yes, things have quieted down a bit, but don't forget about us. We are still here fighting. Since things have gone to the next level, the time it takes is between each hearing is a little longer. We do expect to be at our current location for a few months yet and hope to make the transition easy. Nothing has been set in stone yet, but we will keep you informed as soon as we know.
__________________
Paragon Adventure Park
info@paragonap.com
(570) 384-0550

This was posted by paragon management Friday March 9, 2007:

As someone previously posted, there is a public commissioner's meeting on March 14 at the City Hall in Hazleton.

We feel it would be constructive to have a well organized, well manored group showing strong opposition to the airport. We are not asking people to drive long distances, however, if you are in the area, it would be great if you could make it.

We are still gathering our facts and we'll post more information as it arises, but if you would like to attend please send us an e-mail at saveparagon@paragonap.com so we have an idea of how many will be attending.

Kyle will have something to say at this meeting if given the opportunity.



Meeting: March 14, 2007 at 5:00 P.M
40 North Church Street, Hazleton, Pa
__________________
Paragon Adventure Park
info@paragonap.com
(570) 384-0550

Court gives firm behind airport permission to occupy ATV land
Tuesday, 03 April 2007
By KENT JACKSON
kent.jackson@standardspeaker.com
A company pushing for a cargo airport in Humboldt won temporary permission from Pennsylvania Superior Court Monday to occupy land on which Paragon Adventure Park operates.
The ruling gives airport backers, Gladstone Partners LLP, access to several hundred acres of the adventure park where drivers test their off-road vehicles for fun and in competitions.
On Feb. 7, Judge Ann Lokuta in Luzerne County Court issued a temporary injunction keeping Gladstone off the land.
“What this means is until a three-judge panel at the Superior Court makes a decision, Gladstone is no longer enjoineded by Judge Lokuta’s order from proceeding with control of the land,” Steve Seach, attorney for Gladstone, said.
The Superior Court’s order granting relief to Gladstone makes no determination on the underlying merits of the appeal.
Kyle Knosp of Overland Enterprises, the operator of Pargaon, said he doesn’t know if Monday’s order will prevent off-road vehicles from driving on the property. Paragon has stayed open so far during the legal process.
“We’re going to appeal it as much as we can. We feel that we’ve been mistreated,” said Knosp, in a telephone call from Moab, Utah, where he is attending the Easter Jeep Safari.
Last year, District Judge Thomas Sharkey of Hazle Township ruled that Overland violated its lease and owed rent for the land.
Overland appealled, but specially presiding Judge Clifford Smith said the appeal was filed after the 30-day deadline.
Overland’s attorney, James Scallion, who was not available for comment Monday, has argued that Gladstone hasn’t shown evidence that it has an interest in the land owned PCA Corp.
Gladstone wants to acquire up to 4,700 acres – only some of it used by Paragon – in the Humboldt section of Hazle and East Union townships for the airport.
If successful, Gladstone would transfer approximately 1,000 acres to a proposed Luzerne County authority that would develop and manage an airport.
Gladstone would recoup its expenses by developing the land it retained around the airport.
So far, the Luzerne County commissioners haven’t voted to form an airport authority.
The Federal Aviation Administration is deciding whether to grant airspace to the airport, which Gladstone suggested building to relieve congestion at airports in Newark, N.J., and New York City.

http://www.standardspeaker.com/index.php?option=com_content&task=view&id=4843&Itemid=2&PHPSESSID=0cdfbd62ee702eb055dd435c4730c29e

good thing we got that run in last week.

now i'm just 100% depressed...that sucks i was just feeling relieved after the the older woman (relation to kyle or steph?) that is always at registration was saying at least 2 more months of occupancy. This also kept them opened for the jeep jamboree that i thought i heard her say was scheduled in june. It sounds like there is still some hope. I'm curious about this sentence "The Superior Court’s order granting relief to Gladstone makes no determination on the underlying merits of the appeal." So who is the interpreter? Is Gladstone protected by this decision to lock the gates and give them a dirty boot like last time? I've never been good with law jargon so sorry for needing some extra explanation. Way I read it Gladstone has full control of the land now and no legal responsibility to allow paragon to be open throughout the legal battle and appeal process.

Thats the way I read it also, that gladstone now has control again. So I would assume that they are going to close it again. Personly in the end I think everyone is going to be a loser. The way things are looking that the whole airport thing is not going as planed for them with a good posibility of it not happing. So when this all finishes up paragon could be lost for nothing in its return.

The way i look at it by now is that even if paragon woiuld make it through court god only knows when they have to go through this battle again. Paragon will live on no matter what and we can develop a new park with them!