Blackthorne Investors files appeal against township’s vote on construction of new clubhouse
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Blackthorne Investors is appealing a vote by Penn Township to deny construction of a new clubhouse in the Blackthorne Estates golf course community.
The commissioners voted 4-1 on Aug. 16 against construction of a new facility, citing the possibility of increased traffic in a residential area near the proposed site.
Blackthorne Investors filed an appeal in Westmoreland County Court last week, arguing that — given the ongoing lawsuit — the commissioners’ vote violated the investors’ “procedural due process rights.”
Gary Falatovich, lawyer for Blackthorne Investors, could not be reached for comment Monday.
“The township has an incurable conflict of interest which precludes the commissioners from hearing or deciding the appellant’s request for relief and violates appellant’s procedural due process rights,” the appeal states.
Township Solicitor Michael Korns said he believes the commissioners were justified in taking the August vote.
Blackthorne Estates, located off Harrison-City Export Road, is about 300 acres — including the 35,000-square-foot clubhouse and an unfinished 18-hole golf course. Construction for the community was approved by the township in 1993. It was zoned to include 222 single-family homes, 41 carriage homes and 196 manor home units, according to the lawsuit.
The original clubhouse for the golf course — the Club at Blackthorne, owned by Jeannine Schemm — has been closed to the community since November, according to a lawsuit filed by the township in May against the clubhouse, golf course, Blackthorne Investors and Bedrock Developers.
The clubhouse — which housed a pro shop, restrooms and social gathering space for golfers — instead has been run as a private event and wedding venue since November, the lawsuit states.
The course was closed to the public this season, although residents were permitted to use it occasionally. Bob Vucelich, owner of the golf course and Bedrock Developers, requested permission to build a new clubhouse near Kapalua Lane in Blackthorne to allow the golf course to operate.
Following the township vote, the lawsuit was amended Aug. 22 to reflect that the clubhouse made an effort to resolve the dispute. Vucelich’s lawyer stated multiple efforts were made by both parties, but none came to fruition.