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Recent court filings by the organization that operates Lakemont Park claim the group has not prevented Blair County from inspecting its premises and financial records and that the county never provided information on how the organization supposedly breached its lease.
The filing, submitted by Leech Tishman Fuscaldo & Lampl on behalf of the Lakemont Partnership and named defendants Andrea Cohen and Philip Devorris, states they gave the county a "detailed spreadsheet demonstrating the county's miscalculations" and that the partnership had actually overpaid its percentage rent. This rent is based on the gross income of the tenant, rather than a fixed monthly or annual value.
The county denied these claims, saying the partnership did give the county a spreadsheet but that the percentage wasn't miscalculated, nor was the rent overpaid.
"The defendants' characterization of the spreadsheet as 'detailed' is denied," the county wrote in an answer to the allegations. "It is further denied...that the provision of the spreadsheet satisfied their obligation under the relevant lease to allow the county to inspect their financial records."
The partnership's filing stated it has never refused or interfered with the county's right to inspect its records. It also alleged the county never gave them "specific information" about the supposed breach of lease in regards to not paying rent, never served them with notice of a default and never gave them an opportunity to "cure any alleged default."
In response, the county stated it did not have an obligation "under the relevant agreement" to do these things.
The partnership also argued that Lakemont Park's deed, dated June 18, 1937, and recorded July 7 of that same year, did not require the park "to be or to remain an amusement park." It further stated that no lease agreement between the county and the park "has ever required the premises to be or to remain an amusement park."
An order of the court dated June 28, 1985, granted the county the authority to lease the park to a profit-making entity and established the park "shall continue to be used only for public park and recreation purposes," the partnership stated.
In addressing the historic Leap-The-Dips roller coaster, the partnership stated its obligation to continue its operation ended Oct. 8, 2011, with its obligation to preserve and maintain the structure ending Oct. 8, 2025. Following the expiration of the partnership's obligation to the roller coaster, "the county has the discretion to assume responsibility, costs and obligations to preserve," the partnership wrote.
The partnership further alleged the county "has taken no action to maintain or preserve" the coaster and has "declined the right and opportunity to accept responsibility for its maintenance and preservation."
"The county's damages, if any, were caused, in whole or in part, by its agents' own actions or inactions," the filing states.
The county, however, states the partnership was still under contractual obligation to maintain the roller coaster. It also stated that commissioners had taken action by "securing an injunction against (the partnership) to stop them from selling (the roller coaster), after having let it deteriorate."
Litigation between Lakemont Partnership and Blair County began in August 2025 when the partnership sued the county and its commissioners, alleging they falsely accused the organization of violating the lease, besmirching the organization's reputation.
The Lakemont Partnership, which has operated the park and leased the ground where Peoples Natural Gas Field, Galactic Ice, The Casino and the
Boyertown-era offices are located since 1988, has asked the county court to rule that the partnership is not violating the lease, which runs until 2066 -- or if it is, to say how to make it right; and to declare the partnership is no longer obligated to operate amusement rides there, based on the lease and its amendments.
Commissioners David Kessling, Amy Webster and Laura Burke then filed a lawsuit against the partnership in December 2025, in which they sought an injunction that would prevent the organization that operates county-owned Lakemont Park from selling the historic Leap-The-Dips roller coaster.
The injunction is justified based on the "irreparable" harm that could be done if the roller coaster -- "of immense historical significance" -- is lost to Blair County, given the only countervailing harm to the partnership would be a slight delay in the sale, if the court should rule in the partnership's favor, according to the lawsuit.
Cohen previously described the county's lawsuit as "a retaliatory act" and that "instead of working to resolve issues or responding to our lawsuit, the county and its commissioners chose to attack the Lakemont Partnership and the Devorris family personally, despite their long history of philanthropy and dedication to the betterment of the Blair County community."
The two parties are scheduled for settlement conferences in Blair County court at 9 a.m. Aug. 7.
Mirror Staff Writer Rachel Foor-Musselman is at 814-946-7458.