Categorized | Gettysburg Times, Media

LeVan Land in legal limbo

Posted on 17 January 2010 by getty

Co-executors of Eisenhower property claim land worth more because of casino possibilities.

Court papers filed Dec. 14 have asked that the optional agreement of sale of the Eisenhower Hotel and Conference Center be terminated because the agreed upon price was for a hotel, and not a casino.
The request for a motion for special relief was filed by Attorney Joseph C. Korsak, of York, on behalf of the Sanders Group in the Court of Common Pleas, Franklin County, Orphan’s Court Division.

An agreement establishing an option to purchase the 2634 Emmitsburg Road, Cumberland Township, property was recently entered into between co-executors of the Eisenhower and Battlefield Harley-Davidson owner David LeVan.

Mason Dixon Resort and Casino, led by LeVan and business partner Joseph Lashinger, are hoping to secure a state gambling permit that would allow the establishment of a casino at the site.

Dave LaTorre, LeVan’s spokesperson, said Sunday that he was unaware of the motion so he could not comment.

The request for a motion states that the co-executors who entered into the sale option with LeVan did not act “in the best interests of the beneficiaries.”

Specifically, the Sanders Group, through Korsak, claims that the agreed-upon price tag for the Gettysburg area facility did not include consideration that “the value of the facility increases by a factor of five when considering its potential as a licensed gaming facility.”

Adams County Court records assess the property at $5,187,943; however, the owners have also requested the property be reassessed for $2,750,000. That reassessment currently awaits the approval of the Adams County Commissioners and the Gettysburg School District.

The court document also states that the Sanders Group has asked the co-executors for time “to make a counter proposal with an outside group” concerning the sale of the site.

“In typical fashion, the co-executors ignored the request and entered into the contract (with LeVan),” the court papers stated.

The Sanders beneficiaries (those represented by the motion for special relief) are listed as Patricia Sanders, Wanda Cox, Richard Smelser, Beverly Heare, Deborah Herring, Michael Eller, Richard Howard, Theresa Little, Toni Ramos, and Clayton Johnson.

The document also requests that the circuit court “void the contract and return all parties to the status quo ante.”

The court is also being asked to bar the “co-executors from entering into any further contracts for the (property)…pending resolution of the motion to remove them.”

Joseph C. Korsak could not be reached for comment late Sunday.

By Rick Fulton

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