There’s one less place to gas up in State College now that the Sunoco on University Drive has been forfeited to the state in connection with charges of cocaine trafficking.
Greg Palazzari, owner of the gas station located at 605 University Drive, was arrested in August 2009 following a joint investigation by the Pennsylvania Office of the Attorney General and the Centre County Drug Task Force into allegations of cocaine trafficking, according to court documents. Palazzari pleaded guilty to multiple counts of possessing and selling cocaine in September 2010, and was sentenced to up to ten years in state prison.
But the story wasn’t over just yet.
The Attorney General’s Office petitioned the court to force Palazzari to forfeit ownership of the gas station, alleging that the convicted drug dealer had used the property to store, sell and buy cocaine. Palazzari responded by admitting he was the owner “on paper,” but that his mother was the actual owner and manager of the property “for all intents and purposes,” according to court documents.
The state was able to obtain “numerous documents” identifying Palazzari as the owner, and asked the Centre County Court to rule in its favor. Palazzari protested, arguing that his mother was listed on the articles of incorporation for the business. According to court documents, the court sided with the state in April 2011.
But the story wasn’t over just yet.
Palazzari appealed the ruling to the Commonwealth Court, arguing against the lower court’s decision based on several technical aspects of Pennsylvanian law. He argued that he was not afforded a proper hearing to address his concerns about the ownership of the property, and that the legal basis for the forfeiture — the Pennsylvania Rules of Civil Procedure — does not apply in “quasi criminal punitive proceedings.” The Commonwealth Court ultimately agreed, reversing the decision of the lower court and mandating a hearing to determine ownership of the property.
But the story still wasn’t over just yet.
The state appealed, taking the matter all the way to Pennsylvania Supreme Court. In a November 2014 decision, Justice Max Baer overturned the decision of the Commonwealth Court and sided with original 2011 ruling from Centre County Court. Quoting extensively from numerous court decisions, Baer writes that forfeitures are “civil proceedings resulting from criminal wrongdoings” and that the state acted appropriately.
Baer also wrote that because of the amount of evidence that points to Palazzari as the owner of the property, no hearing was needed before a forfeiture decision was made.
“The law does not mandate useless or wasteful acts… if at the conclusion of discovery there is no genuine issue of material fact, then there is nothing to be decided by a hearing, and it is self-evident that no hearing is required,” Baer wrote in his decision.
The Supreme Court decision was entered into Centre County Court records and served to Palazzari’s lawyer on December 11, according to court documents. As of Monday, the property appears to be closed and the Sunoco sign has been removed.
Carolyn Myers, a representative from the Attorney General’s office, says the office will take “physical custody” of the property on Jan. 5, though the office will not operate it. During the time that the property remains in state custody, it will not be subject to real estate taxes. However, once the property is sold either by auction or to a commercial retailer, it will be added back to the local tax base.
Palazzari’s attorney did not immediately respond to requests for comment.
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