Yellow Duck Park closed; property transfers to new owner

CANFIELD — A private swim club in Green Township that was the subject of a court battle will close as the property is transferred to a buyer in a sheriff’s sale.

Yellow Duck Park, south of Canfield on state Route 46, had been closed this summer while owner Leonard McGarvey fought a sheriff’s sale of the 40-acre property in Mahoning County Common Pleas Court.

McGarvey had contended the sale was improper because a Chapter 7 bankruptcy filing should have stayed it.

In April, he announced that he was suing the Mahoning County Sheriff’s Department after learning that the sale of the property had gone through, even though the sheriff’s office was given documents on the bankruptcy filing.

The sheriff’s sale occurred Nov. 8, 2005.

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Dave Sugar, who owns Sugar Excavating of Petersburg, bought the property for around $300,000, he said. Sugar said, however, that he had to pay even more for back taxes.

He said the back taxes are clear and the property should now be in his name. He said he was told he can bring a check for the purchase to the sheriff’s office and pick up the deed.

Assistant prosecutor Rebecca Gerson handled the suit for the county. She said the case stemmed from a 2004 foreclosure on the property by mortgage company RC Equities Inc. The sheriff’s sale was the result of the foreclosure, she said.