Judge William Ober has said through his lawyers that the festival changes the nature of the fairgrounds and may draw too big a crowd for the rural area 40 miles east of Pittsburgh to handle. Ober owns a 123-acre farm in Mt. Pleasant Township near the fairgrounds.

The show, which is sold out and features national acts including the Red Hot Chili Peppers, Moby, Filter, and Fuel is scheduled for August 5. The festival sold 25,000 tickets at $33 and another 10-15,000 comps were expected to be distributed nationwide in a Rolling Rock beer promotion.

In April, Ober filed a notice of intent to sue the Westmoreland Agricultural Fair and Recreation Association and Latrobe Brewing, which makes Rolling Rock beer and is organizing the event.

Lawyers for Latrobe Brewing complied on July 17 with Ober’s request for additional information about the show. Senior Judge John Keller ruled that Ober had 10 days to file a lawsuit after Latrobe Brewing complied with the request.