The overwhelming bulk of the actual amusement park area sits on the single tax parcel 5513-001 which is nothing but the amusement park area. 5513-001 is a lot approximately 55 acres that does not include, the hotel, most of Kiddie Land, the Pony Track, and the first hill of the Blue Streak. Everything else amusement park-related sits on lot 5513-001 which remains very delinquent in back property taxes. The tax parcels lots where Kiddie Land, Pony Track, and the first hill of the Blue Streak sit are likewise delinquent in back property taxes. The tax sale is nothing but all about the sale of the amusement park property.
Park lessees certainly can file injunctions to protect their investments. Anybody can file an injunction at anytime for anything. Getting the injunction granted remains the challenge. Greg Sutterlin went to the Summit Township Supervisors’ Meeting last November with his factually non-existent plan to save the park. When they rejected his vague unrealistic presentation outright he was told in no uncertain terms by the township solicitor “If you want to protect your investment pay the $900,000”. Injunction wise Sutterlin failed to record his hotel and Beach Club leases with the county recorders office. That will have serious negative legal ramifications in court when filing any possible court actions to protect his investments. Sutterlin was fully aware of the delinquent tax issue and possible tax sale when he signed the lease. Unless Sutterlin has a clause in his lease specifically granting his corporation financial relief in the event of the sale tax Sutterlin will maintain his unbroken losing streak in his every court request to date. The hotel sits in Sadsbury Township and only 5 years of taxes are reported to have been paid on it. It remains seriously delinquent in back taxes. Sutterlin’s two options in protecting his investments are either pay the entire delinquent tax bill or win the bid at the tax sale. Suttlin has cash flow issues. Sutterlin stated in court when he tried to sue the board to sign new leases that he is having difficulty securing cash financing because his lease is not recorded at the court house. To be recorded, it needed to be notarized. Suttelin neglected to get the lease notarized. He failed in his suit against the trustees to get new leases signed and notarized. Adams on the other hand may have some relief if he chooses to file a case to garnish ownership of some of the mobile rides which are not subject to the tax sale.
Unless the delinquent back taxes plus interest are paid in full prior, the tax sale occurs on September 26. At the close of business on the 26th there will be a new owner no matter what happens in the tax sale.
