LAWRENCE COUNTY Confusion delays lawsuit

The lawsuit should be filed in the next few days.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- An apparent miscommunication between Lawrence County commissioners and the county solicitor has stalled legal action against the former buyers of Hill View Manor.
Commissioners voted in early October to have the solicitor take legal action against Sylvan Heights Realty Partners in the failed sale of the county nursing home and the use of more than $140,000 in county money by the buyers. County Solicitor John Hodge said he prepared a draft of the lawsuit nearly a month ago and gave it to commissioners for approval.
Miscommunication
But commissioners didn't respond until recently. One commissioner said there was apparently miscommunication with Hodge.
"I assumed if he didn't hear anything he would file it as is," Commissioner Brian Burick said. "I found out this week he was waiting for us to get back to him."
Commissioner Ed Fosnaught said he had advocated taking legal action since July and has made it clear to Hodge. Hodge said Fosnaught gave him the go-ahead on the complaint a few weeks ago.
Commissioner Roger DeCarbo said he told Hodge he wanted to increase the scope of the lawsuit. The proposed complaint is only seeking the missing $140,000.
DeCarbo said he would like to go after wages the county paid to an employee who was put on leave while the matter was investigated, the cost of an audit on the facility done after the sale failed and money lost because the buyers didn't purchase a second piece of property near the nursing home.
"I don't disagree with filing a lawsuit, but I want it to be more inclusive," he said. Hodge said he is investigating whether the county has any basis to seek that money.
The nursing home sale was halted in July when commissioners learned that $550,000 from private pay patients was deposited into an account controlled by buyers Sylvan Heights Realty Partners.
A consultant hired by the county recommended commissioners go after $140,000 that was not returned to the county when the sale failed. The buyers contend that the sales agreement gave them the right to put the money in their accounts.
Hodge said the complaint should be filed within the next few days.
cioffi@vindy.com