Sep 6, 2002 By Paul Sunyak 6 min read

In a strange and unexpected turn of events, millionaire philanthropist Robert E. Eberly has written a letter opposing a state-level move needed turn the dormant Great Meadows Amphitheater site into a movie-making facility and tourist attraction. Eberly’s letter urged state Sen. Richard A. Kasunic to “vigorously oppose” the Fayette County commissioners’ effort to have the state lift deed restrictions on the 127-acre Wharton Township site. Eberly said those Project 70 restrictions – which limit land use to conservation, recreation or preservation – offer protection to the nearby Fort Necessity Battlefield site operated by the National Park Service.

“Now a Hollywood-funded movie producer seeks to turn this historic land into a production lot, and Fayette County’s short-sighted commissioners intend to seek legislative authorization to have Project 70 restrictions lifted from the land,” wrote Eberly. “If this land isn’t worth preserving, I don’t know what is!”

Commissioner Ronald M. Nehls, who has served as point man on a project estimated to bring $4.8 million into the county in its first year, including $1.4 million in payroll, said he was “extremely surprised” to hear of Eberly’s stance.

“The confusion that I have at this stage is that this is basically what Mr. Eberly wanted to build on this land six or eight years ago, as I understand it,” said Nehls. “He wanted something that would draw tourists to the property instead of having it sit dormant.”

Further complicating the matter is the fact that Nehls was Eberly’s choice for county commissioner in the 2000 election. Eberly also serves as president of Fay-Penn Economic Development Council, the private nonprofit corporation that serves as the county’s lead economic development agency.

Although Nehls readily admits that he wouldn’t have been elected without the political skills and financial backing of Eberly and longtime Democrat Party chairman Fred. L. Lebder, he said he was unaware of Eberly’s most recent position on the amphitheater.

Nehls said the last time he and Eberly talked about the facility, “His words were, ‘You have some experience in theater and I trust you will make the right decision. But be careful.'”

Nehls and fellow Commissioners Sean M. Cavanagh and Vincent A. Vicites voted two weeks ago to authorize the execution of a leasing deal with Fayette Films LLC, the only firm that responded to the county’s request for proposals for the amphitheater site.

In another irony, that company’s prime local backer is Uniontown attorney Ira B. Coldren, who has served many years as an attorney for Fay-Penn Economic Development Council. The company’s film industry connections include Barry and Doris Keating Schlesinger, and Wyoming-based Jason Thomas.

Thomas said Thursday that he spoke with Coldren after hearing about Eberly’s letter. “Ira told me that Eberly had just got out of the hospital (Wednesday). He said it would have been very difficult for him to write the letter,” said Thomas.

“This is probably something that was instigated out at Fort Necessity,” continued Thomas. “From the sound of the letter, it sounds like it’s being written by somebody (there). At one point in time, I had been told that Eberly was one of the people who was in support of the movie studio.”

Nehls said he believes that Eberly was given “incorrect information” about the plans of Fayette Films LLC and the county’s concern with protecting Fort Necessity. He pointed out that building height will be restricted to 60 feet and is not “unknown” as claimed in the Eberly letter. He also said that it’s impossible to locate the proposed facility on “other, more suitable property” as Eberly suggested.

Nehls said he could offer a “page of dialogue” to rebut everything that Eberly pointed out as reasons for Kasunic to oppose lifting the deed restrictions – and added that he would do so for Eberly and anyone else if asked.

Further, Nehls said he would continue to support the project, which he believes is the county’s best opportunity for sustained economic development in decades. Like Thomas, Nehls said he suspects that Fort Necessity officials had a hand in swaying Eberly’s opinion, citing in particular Joanne Hanley, superintendent of Fort Necessity.

“Any time Mr. Eberly makes a statement about an issue, people pay attention,” said Nehls. “I’m confused about why it’s coming out now – at this stage of the game – and the only conclusion I can come to is that Fort Necessity officials lost their second battle, after George Washington lost his.

“(That happened) when Wharton Township (supervisors) accepted our request for a zoning change (Wednesday) night, against the wishes of Joanne Hanley, who spoke against it at the meeting.”

Nehls said that if Hanley or anyone else wants to block what he views as a viable plan that’s good for the county and its residents, he’s prepared to enter the political dogfight with a fury.

“I will not be playing this game in a defensive way. I will be playing offense until the project is completed,” said Nehls. “I am more determined than ever that this is one of the finest opportunities that Fayette County has had in years, maybe decades.”

Hanley said Thursday that she and her supporters were not against changing the amphitheater zoning, but were only against changing it at this time. She said they wanted the supervisors to delay making a decision until the Pennsylvania Department of Conservation and Natural Resources had issued its decision and recommendation on the fate of the Act 70 deed restrictions that currently affect the land.

Hanley said a meeting between herself, the county and the state CNS department is being arranged “as we speak,” and that she looks forward to what she believes is a much-needed dialogue. However, Hanley said she would not say what Fort Necessity officials were looking for in terms of compromise.

“I really can’t address that, out of respect for the commissioners,” said Hanley. “I won’t address it until we’ve had an opportunity to sit down face-to-face.”

Vicites said “a lot of intangibles” remain to be worked out in the Fayette Films LLC deal, noting that the commissioners knew that when they approved the resolution authorizing serious negotiations to begin. Vicites said he’s unfazed by Eberly’s position.

“Everybody’s entitled to their opinion,” said Vicites. “He’s entitled to his … I’m sure there’s going to be diverse opinions about it, depending on the individual. My concern at this point is that we make sure the county’s interests are protected before any type of final agreement is completed.”

Vicites said he thinks the commissioners are focused on solving a long-standing problem with the amphitheater, which was built with federal funds in the 1970s but has never really proved capable of sustaining any use.

“We’ve received a viable and responsible proposal (from Fayette Films LLC),” said Vicites. “What are we supposed to do (with the amphitheater instead), just let it sit there and rot for the next 30 years?”

Cavanagh did not return several calls seeking comment.