CINCINNATI (Legal Newsline) - Ohio Attorney General Mike DeWine filed a lawsuit on Friday against the operators and owners of The Beach Waterpark in Mason for allegedly violating the state's Consumer Sales Practices Act by failing to deliver.
The Beach Waterpark -- owned by The Beach at Mason Limited Partnership, Water Parks Inc. and Cabana Equities Inc. -- was a water amusement park that operated in Mason for more than 27 years. It sold approximately 8,800 passes for the 2012 season before announcing on March 9 that it would not re-open for the season.
Instead of offering refunds, the amusement park allegedly offered day passes and discounts to other local attractions, including the Cincinnati Zoo and Kings Island. DeWine's office received hundreds of complaints from consumers regarding the amusement park.
"It's unfortunate when a long-standing Ohio business closes," DeWine said. "But The Beach Waterpark took money from thousands of consumers and never delivered promised services. That's unacceptable."
The lawsuit alleges that the offers made by The Beach Waterpark were not adequate substitutions because they were not of equal or greater value to what the consumers ordered. In addition, the offers were not similar services or goods. Offers for substitution must be acceptable to consumers.
The lawsuit, filed in the Hamilton County Court of Common Pleas, alleges that Cabana Equities Inc., Water Parks Inc. and The Beach at Mason Limited Partnership violated the failure to deliver rule under the Consumer Sales Practices Act. DeWine is seeking a permanent injunction, civil penalties and consumer restitution.