SCRANTON – A religious community center in Scranton is pursuing an injunction over construction taking place on the site of its summer camp, charging that the unapproved construction violates the terms of a 2005 property sale agreement that the defendants pledged to abide by.
The Jewish Community Center of Scranton filed suit in the Lackawanna County Court of Common Pleas on April 19 versus Michael Hatala of Old Forge, and Dominick Policare and The Childrens Free Campground Facilities Foundation, both of Wyoming, Pa.
In December 2005, the JCC entered into an agreement with defendants Hatala and Policare for the sale of the property at issue, 100 acres of land in Covington Township, located in Lackawanna County. Four parcels of that land were sold in the deal for $500,000.
After the defendants made the required installment payments according to the agreement, the property was transferred by deed to the defendants on Nov. 3, 2011.
“After the execution of this agreement of sale and the payment of the $100,000, buyers (Hatala and Policare) shall be permitted to construct a single residential building on the subject premises, if but only if the construction, placement, use, size, and aesthetics of said residential building are approved by the seller in writing prior to commencement of any construction by buyers,” the suit states.
“Buyers shall be solely responsible to obtain any and all necessary permits and approvals for the construction of the aforesaid building. Buyers shall keep same fully insured against all perils. Irrespective of whether buyers construct a building, upon the execution of this agreement of sale buyers shall purchase general liability insurance in the minimum amount of $1,000,000 naming seller an additional insured as its interests may appear.”
“On or about April 6, 2021, representatives of plaintiff visited the property to conduct a visual inspection of same prior to the commencement of this year’s day camp program. Upon arriving at the property, plaintiff’s representatives discovered that defendants had unilaterally and in contradiction to the Installment Agreement, began construction of a single residential building.”
The defendants were said to have not provided any construction plans to the plaintiff.
Furthermore, the most important reason for the plaintiff’s right to review the construction plans prior to construction of same is, the suit states, the plaintiff’s “duty to ensure the safety, protection, well-being, welfare and security of the 150 child campers and staff that will visit the property on a daily basis beginning this spring/summer.”
“The only materials sent to plaintiff regarding the construction of defendants’ structure are the general plans for the exterior and interior of the home. To date, plaintiff has not received any further plans, including final plans, subdivision plan, safety precautions and protocols, grading, drainage, building location, orientation, driveway access, parking, landscaping, construction, placement, use, size and aesthetics of home,” per the suit.
“To date, defendants have not provided the requested information other than the initial plans sent by attorney Kevin M. Conaboy, despite repeated attempts to do so and despite their required obligation to do so.”
For counts of motion for preliminary injunction and breach of contract, the plaintiff is seeking an injunction to prevent any construction on the property, until any such plans are fully approved by the plaintiff.
The plaintiff is represented by Howard A. Rothenberg and Ryan P. Campbell of Rothenberg & Campbell, in Scranton.
The defendants have not yet secured legal counsel.
Lackawanna County Court of Common Pleas case 2021-CV-01739
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com