LISBON — Columbiana County Common Pleas Court Judge Megan Bickerton earlier this month  issued her findings for the preliminary injunction she granted against the Lamb’s House nonprofit in Rogers, confirming the appointment of  a receiver and setting a review hearing for Jan. 30.

The third party complaint filed by L & L Real Holdings LLC against the defendants over a contract to purchase the Lamb’s House property remains pending.

Ohio Attorney General Dave Yost filed the initial complaint in October asking a judge to dissolve the Lamb’s House nonprofit in Rogers, claiming alleged misuse of the charitable funds and property controlled by board president Mark Altomare.

“This nonprofit has served no charitable purpose for years, operating only as a personal ATM and a source of free housing for its president,” Yost said in a press release. “The jig is up.”

The case was filed in Common Pleas Court against Lamb’s House and against Altomare, who was reportedly living on the nonprofit’s 43-acre Union Ridge Road property. Also named as defendants were the organization’s other board members, Jo Propri of Warren, and Randy Clark of East Liverpool.

Since then both Propri and Clark have been dismissed from the case after agreeing to consent judgments, agreeing to the claims made in the lawsuit and what was sought by Yost. The judgments prohibit Propri and Clark from being involved in any way with any charitable organization in Ohio or soliciting  on behalf of any charitable organization and cooperating with the attorney general’s office and receiver regarding the dissolution or wind-up of Lamb’s House. L & L Real Holdings LLC also dismissed its claims against Propri and Clark.

A hearing was held in November for the preliminary injunction, with Altomare representing himself.

Earlier this fall, Bickerton issued an order for a temporary restraining order to prevent anyone from Lamb’s House from selling or transferring any property or accessing any bank accounts belonging to Lamb’s House, and to freeze the bank accounts and appoint a receiver for the charitable institution.

She had appointed attorney Ken Goldberg of the Columbus law firm Strip Hoppers Leithart McGrath & Terlecky Co. as the receiver of all assets and accounts related to Lamb’s House and outlined in detail his duties related to controlling everything for the nonprofit, from the property to the bank accounts, any leases, any creditors and even the mail. For the preliminary injunction, she confirmed Goldberg’s appointment and again detailed his duties.

In granting the preliminary injunction, Bickerton found that there was good cause to believe that Mark Altomare breached his fiduciary duties owed to the beneficiaries of Lamb’s House, failed to protect the charitable assets of Lamb’s House, and the plaintiff (Yost) was likely to prevail on the merits of the claims

She also found that there was good cause “to believe that Mark Altomare converted the charitable assets belonging to Lamb’s House for his own personal benefit and to the detriment of Lamb’s House for his own personal benefit and to the detriment of Lamb’s House.”

Assets of Lamb’s House include a nine-bedroom house, a 13,000 square-foot multi-bed commercial building and two barns on the property, along with at two checking/savings accounts. Lamb’s House was founded as a ministry supporting addiction recovery and was incorporated on July 8, 2002, receiving tax-exempt status on May 16, 2003. The complaint said the board members failed to oversee the operation, allowing Altomare to allegedly help himself to the funds and assets of the nonprofit for his own personal expenses.

As for the complaint by L & L Real Holdings LLC, L & L Real Holdings LLC made an offer to purchase the property and prepared a purchase agreement executed by Altomare and ratified by the other two trustees. The company paid a downpayment in excess of $50,000 to the Columbiana County treasurer to pay delinquent property taxes and paid all costs and fees associated with a foreclosure filing by the county. Closing was set to occur on Aug. 28, but Lamb’s House allegedly breached the contract and Altomare was refusing to sell the property. 

The lawsuit by Yost made claims of breach of fiduciary duties, abuse of a charitable trust, reformation of a charitable trust, unjust enrichment, conversion and false and misleading information in filings. The lawsuit alleged board members falsely reported rental income from its lease to the for-profit entity as individual contributions, gifts, grants and similar amounts received and falsely reported the actual income received by Altomare by failing to include compensation for housing, utility bills, food, cell phone and grocery expenses provided to him.