Park owner calls access lawsuit a ‘petty claim’

By Keith Gushard

MEADVILLE TRIBUNE

Keldon Holdings LLC, the owner of Conneaut Lake Park, calls a lawsuit filed against it for allegedly blocking an owner’s access to a lakefront home on Conneaut Lake a “petty claim.”

D-Three LLC of Meadville filed a suit in Crawford County Court of Common Pleas in October alleging Keldon Holdings’ actions have repeatedly violated land covenants, or rules, that came with D-Three’s purchase of the property in 2016. D-Three LLC also asked for a preliminary injunction to halt Keldon’s alleged actions while the lawsuit awaits trial.

A preliminary injunction was scheduled on the matter Dec. 2, but subsequently was postponed until Feb. 14, 2022, due to Todd Joseph, owner of Keldon, having tested positive for COVID-19, according to a court order by Senior Judge Christopher St. John. The order, filed Dec. 3, also states Joseph was

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advised he cannot represent Keldon Holdings LLC because Joseph isn’t an attorney.

“This is nothing more than a petty claim by a neighbor, who thinks because he made a few dollars on the sale of his company, he’s above everyone else,” Joseph wrote in his response to D-Three’s suit. Joseph’s response was filed with the court Dec. 3.

In 2016, D-Three purchased a lakefront parcel on Lake Street from Trustees of Conneaut Lake Park, the then-owner of the amusement park, for $216,000. It was one of five lakefront lots created by Trustees under a subdivision plan to sell off excess park property.

The subdivision plan, approved by Summit Township in 2016, provided access to the lots via Reed Avenue and Lake Street.

As part of the township- approved plan, the southern portion of Lake Street, a private road which intersects with Reed Avenue, was relocated. Reed, also a private road, is adjacent to the western edge of what is D-Three’s Lot. Reed is to provide an uninterrupted two-way connection to state Route 618, according to the approved subdivision plan.

In the sales agreement between Trustees of Conneaut Lake Park and D-Three, Trustees granted an easement with a 20-foot right of way across park property to allow D-Three and any successor owners access. The easement states nothing is to permanently obstruct the easement or any way prevent its use and enjoyment by the other party and any successor owners.

D-Three’s suit alleges Keldon has blocked D-Three’s access to the home by placing a fence and other barriers intermittently across Reed Avenue in violation of the subdivision plan.

The suit alleges Keldon is violating the approved subdivision plan by not maintaining Lake Street as designated and for removing the southern portion of Lake Street, which provides access to D-Three’s easement.

Joseph also violated the easement by planting a fence line of hedges across it, cutting off access to Lake Street, according to the suit.

In his response to D-Three’s suit, Joseph states other neighbors who have the same access to Reed Avenue have had no complaints or issues with accessing Reed Avenue.

“Furthermore, construction on the (D-Three) home is done, the easement to the south of their property, is no longer needed for access by construction equipment,” Joseph’s response states. “This is simply a matter of the Three D’s wanting to extend their property the width of the easement.”

JosephmisidentifiedD-Three as Three D’s in his filing.

“We have no issue using the hedges at another location, exposing the Three D’s home to the public,” Joseph also states in his response.

Joseph’s response adds that the signed executed easement Joseph inherited upon purchase of Conneaut Lake Park from its Trustees indemnifies both himself and Keldon Holdings from any lawsuit with regard to the easement.

“It’s a petty claim,” Joseph reiterated when contacted Friday by the Tribune about the suit filed by D-Three.

Neil Devlin, the attorney for D-Three LLC and its owner Brian Deane, declined comment when contacted by the Tribune.

Keith Gushard can be reached at (814) 724-6370 or by email at kgushard@meadvilletribune. com.