Source: The Tribune-Democrat, Johnstown, Pa.存倉Dec. 19--PORTAGE -- The Portage Township supervisors will be taking a nearly 60-year-old Portage business to court next month, a conflict that operators say could spell doom for the establishment if the ruling is in the township's favor.Dustin Grush, manager of the Portage Bar-Ann Drive-In Theatre along Springhill Road, said the business received notification in November that the township is suing to have the drive-in's sign, which is positioned in the center of Cyran Alley, removed from the township-owned right of way.Supervisors cited complaints from residents that the sign was a driving hazard. Supervisor Rick Olshavsky said he was informed by the township solicitor, attorney Calvin Webb, that if injury or damage could occur as the result of a vehicle accident, the township could be held liable."They can relocate the sign anywhere they want, just not on township property," Olshavsky said. "It has to be off our right of way."Grush argued that the sign's location is directly linked to the business' success. Without it, there's no easy indicator of how to find the drive-in, especially after dark, when drive-in films are shown."Finding the drive-in, driving up Springhill Road, is next to impossible without the sign being there. There's houses in front of it -- trying to see the ticket office from the road is next to impossible," he said. "Even with the sign, we still have people driving past it."Our thought is a lot of people who drive up there in the dark aren't going to see it and turn around and go home."Grush also said the drive-in was preparing to make a huge investment ju儲存t days before receiving the court notice: A roughly $80,000 digital projector, which he said he now feels will set the business up for total failure if customers dwindle.Also, the lease for the drive-in property, which is owned by Ken Trimbath, is set to expire next year. Grush said this new development has caused operators to reconsider renewing it."We don't want to be tied into a multiyear lease -- holding the bag with no customers," he said.Drive-in owner Don Gawel, who was in contact with Grush on Wednesday, said there is an insurance policy on the sign that will handle liability on the drive-in's side should a lawsuit claiming injury or damage arise.But the risk of a motorist striking the sign along the 40-foot- wide alley is too great for the township, Olshavsky said. The decision to pursue legal action, which comes after years of urging drive-in operators to relocate the sign, was not made lightly."We're not here to get rid of the drive-in. We're not here to drive them out of business. We're here to get an obstruction of a public right of way removed," he said. "I used to go to that drive-in when I was a kid. If I had grandkids and kids who were young, I would take them today."As a township official, we take an oath to protect the public. We cannot let the issue go without an answer."A preliminary hearing is set for Jan. 24.Justin Dennis covers Portage Township for The Tribune-Democrat. Follow him on Twitter at Twitter.com/JustinDennis.Copyright: ___ (c)2013 The Tribune-Democrat (Johnstown, Pa.) Visit The Tribune-Democrat (Johnstown, Pa.) at .tribune-democrat.com Distributed by MCT Information Services迷你倉
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