American Legion post reopens in Happy Valley, legal challenge over social club ongoing
An American Legion post that’s home to more than 1,500 members in Happy Valley reopened Tuesday after a nearly weeklong closure.
American Legion Post 245 at 1950 Pine Hall Road in Ferguson Township is “back to business as normal,” the organization wrote in a Facebook post. The post’s liquor license, which was marked expired last week, was issued Tuesday.
A legal challenge over the operation of the post’s social club, however, remains ongoing.
Centre County Judge Brian Marshall on Thursday barred Nittany Post Inc. from interfering with Post 245’s use of the property and allowed the social club to operate without obstruction.
Nittany Post, attorney David S. Gaines Jr. wrote in a 28-page filing, showed up unannounced Feb. 1 and placed closed signs on the building’s front doors and canceled all activities at the club.
The group, Gaines wrote, has “not one iota of evidence to suggest that it has any right to do what it is doing.” Attorney Jessica Fisher, who represents Nittany Post, has not responded to a request for comment.
There is overlap between the two; their memberships, for example, are almost entirely the same, but they are legally distinct. They have separate officers, meetings and books, Gaines wrote.
The setup has existed since at least 1955.
Post 245 owns the property. The group also maintains insurance and bank accounts, pays employees and performs “all other functions incident to owning the property,” Gaines wrote.
“Throughout this period, Post 245 has made clear that Post 245 owns and operates the social club, Nittany Post does not, and Nittany Post’s functions are focused on other American Legion activities like fundraising, not management or operation of the social club,” Gaines wrote. “All attempts by Post 245 to discuss this matter have been rebuffed by Nittany Post; indeed, most such attempts seemed to escalate Nittany Post’s desire to take over ownership of the property.”
A hearing is scheduled for Monday.