TimesLeader.com

December 27, 2008

Ruling favors airport opponents

At issue is land use near a proposed Hazleton area cargo facility.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter

The state Superior Court has overturned a ruling by Luzerne County Senior Judge Michael Conahan that helped clear the way for the sale of land to the developers of a proposed cargo airport near Hazleton.

The court said Conahan erred when he vacated an injunction – a ruling that indirectly benefited an attorney with whom Conahan once shared financial ties – without giving the opposing party a chance to respond to the petition.

The case stemmed from a dispute between the Kelayres Outdoor Club and PCA Corporation regarding PCA’s proposed sale in 2007 of land to Gladstone Partners, the airport developer.

Gladstone was at that time was partly owned by Butler Township attorney Robert Powell. Powell also at one time was part owner of W-Cat Inc., a real estate development firm in which Conahan reported having a financial interest in 2007. Powell sold his interest in Gladstone to his partner, Gregory Zappala, in June 2008.

The Kelayres Club is a non-profit hunting organization that owns nine acres near Kline Township in Schuylkill County – land that can only be accessed by crossing over land that is owned by PCA.

In 2002, PCA set up barricades that prevented club members from entering the PCA property. The Kelayres Club then sought an injunction to prevent PCA from blocking access. The case was heard by Conahan, who granted the injunction in November 2002.

The injunction remained in place until Jan. 11, 2007 when PCA, represented by Powell’s firm, filed a motion to vacate it. Conahan signed the motion the next day. Eighteen days later Gladstone announced plans for the cargo airport.

In the motion, PCA argued the injunction should be dissolved because it was interfering with the proposed sale to Gladstone. The motion said Gladstone’s use of the property involved “high security” issues, and that letting Kelayres’ members, many of whom were armed, access to the property created problems.

Conahan signed the order on Jan. 12, 2007 without providing the Kelayres Club a hearing to address the issues raised by PCA.

That led to the club’s appeal to the Superior Court.

In its ruling reversing Conahan, issued Dec. 15, the Superior Court agreed that the rules of civil procedure require that a hearing be held before a preliminary injunction is vacated. The court remanded the case back to county court for a hearing on the matter.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.