The ownership of Conneaut Lake Park has been found in contempt for violating a Crawford County Court of Common Pleas order issued against the park.
An order issued Friday by Judge Francis Schultz found Keldon Holdings LLC and Todd Joseph Properties LLC in contempt for violating the terms of a preliminary injunction Schultz granted on Oct. 23.
Keldon is the limited liability company that owns the Conneaut Lake Park property while Todd Joseph Properties is a real estate development firm, both of which are owned by Todd Joseph.
Owners of three private residential properties along Center Street in Conneaut Lake Park got a preliminary injunction to stop the park’s ownership from constructing a road or other structures directly in front of their properties.
It also gives the three property owners — Richard and Lisa Wallace, Thomas Borner and Janice Whiting — the authority to control the 40-foot-wide paper street in front of their properties.
For being found in contempt for violating preliminary injunction, the Keldon and Joseph firms are to pay the residential owners “all reasonable attorneys’ fees and costs incurred as a result of defendants’ (Keldon/Joseph) contemptuous conduct,” according to the order.
Attorneys for the three residential property owners are to file a detailed list of legal expenses with the court within 30 days. That fee and cost list is subject to court approval.
On Thursday, Schultz held a hearing after the residential owners sought court enforcement of the injunction. The residents cited multiple trespassing incidents on their properties by Joseph since the preliminary injunction had been granted.
At Thursday’s enforcement hearing, Richard Wallace testified to multiple instances of Joseph coming onto or driving across the Wallace property in November and December. Seven short, time-stamped security videos from the Wallace property, totaling 54 seconds, were submitted as evidence with his testimony.
Wallace testified to a Dec. 8 verbal confrontation with Joseph when Wallace, his son and Borner were at the properties. Wallace testified it came about after Joseph allegedly blocked in their vehicles.
Wallace testified Joseph had called both Wallace and his son derogatory names — and even challenged Wallace to a fight.
Borner also testified Thursday, stating Joseph had tried to goad Wallace into a fight.
In his testimony at Thursday’s hearing, Joseph admitted he was in the short video clips presented as evidence and had driven along Center Street.
However, Joseph testified he was seen due to going to underground shut-off valves for Conneaut Lake Park’s water system. He testified he owns the park’s water system through another limited liability company.
On Friday, Joshua Brown, attorney for the residential property owners, said via email the owners were pleased with the contempt order, but declined additional comment as litigation is ongoing.
John Mizner, attorney for Todd Joseph, said he and Joseph were disappointed with the judge’s ruling, “but we certainly respect it.”
“He (Joseph) did not violate the court’s order out of disrespect for the order, but because he did not think being on Center Street to service water utilities would be a violation,” Mizner said. “He regrets the mistake.”
Mizner said the matter is now in the past for Joseph “and he looks forward to turning both the Hotel Conneaut and Conneaut Lake Park into the family vacation community it was meant to be.”
Joseph did not respond to a Tribune request for comment.
Mizner has filed an appeal pending with Pennsylvania Superior Court to lift the October preliminary injunction issued by Crawford County Court. There has been no ruling on that appeal.