Politics & Government

PBAA Appeals Lease Termination

Despite saying last week that they wouldn't appeal, the Plum Borough Athletic Association has challenged the group's lease termination in court.

The Plum Borough Athletic Association executive board has challenged District Judge Linda Zucco's termination of its lease of eight baseball and softball fields along Ross Hollow Road.

The organization filed an appeal Tuesday at Allegheny Court of Common Pleas despite telling members that it wouldn't.

Zucco with the borough after a landlord-tenant hearing on Jan. 17. The PBAA leased the borough-owned ballfields for $1 a year to provide organized youth baseball/softball opportunities for children.

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In a letter sent to PBAA members last Saturday, the executive board said it wouldn't appeal.

However, the the board expects property distribution to another nonprofit will be very time consuming—eight months to a year— and costly because it has to follow guidelines set by the Attorney General's office, which oversees nonprofit organizations.

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PBAA President Bob Schmidt said the association's attorney, Rolf Patberg, advised them to file an appeal to get more time to inventory assets, remove them from the field and then lawfully distribute them.

Schmidt said the PBAA executive board contacted council and the newly-created Plum Baseball & Softball Association—it most likely will take over youth baseball/softball programs in the borough, though an official decision has not been made—to notify them of their intentions before filing the paperwork.

"We need time to get our ducks in a row and get things off the field," he said. "Our intention is not to fight or interrupt borough plans with the PBSA."

He stressed board members just want to do the right thing.

Councilman Mike Dell said he doesn't buy it.

"I'm taken aback by this," he said. "First, they told us they wouldn't appeal and then they appeal.

"I would be more than happy to rent a U-Haul to help them get their stuff and pay for three months of storage."

Dell said he thinks the PBAA is going to fight for the fields.

"This is about regaining control of the fields," he said. "It's a complete farce. If they needed more time, all they had to do was call (borough manager) Mike Thomas or ask the court.

"If they are concerned about liquidating the assets and the process they should have filed in the Orphan’s Court and gone through the liquidation process."

Council is inviting members of the PBSA to attend the Feb. 6 council work session to create a plan for the 2012 season. The meeting is held at 7 p.m. at the .


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