Despite the threat of a lawsuit to halt the Aug. 5 Rolling Rock Town Fair, featuring funk-rockers the Red Hot Chili Peppers, concert sponsors vow it will go on as planned.

The show is scheduled to be held at Mount Pleasant Township, Pa.'s Westmoreland County Fairgrounds, about 40 miles east of Pittsburgh, but is threatened by a legal notice of intent to sue, filed last month by Westmoreland County Common Pleas Judge William J. Ober. Ober's 131 acre-plus property shares a common line with the fairgrounds.

"We have every permit necessary, and the event will take place," Darin Wolf, marketing director for Rolling Rock, said.

An estimated 25,000 to 40,000 fans are expected to attend the concert, which also will feature rock bands Filter, Fuel, Our Lady Peace and Marcy Playground, as well as techno guru Moby, on its main stage.

Ober's lawyer, Bernard P. Matthews Jr., said, "There's never been an event of this magnitude at the Westmoreland County Fairgrounds," a venue commonly used for agricultural fairs and events. Ober's concerns, Matthews said, are that large crowds may "adversely affect the use of his property and the property of his neighbors."

Wolf said ticket sales were limited to 25,000 but that with radio station giveaways and other complimentary tickets, the crowd could swell. "The maximum will be 35,000," Wolf said. The Pittsburgh Post-Gazette reported that 15,000 tickets had been sold so far.

Ober has not yet filed a lawsuit. A prospective meeting last week between Rolling Rock representatives and Ober's lawyers was canceled by Rolling Rock, according to Matthews, when Ober himself would not attend.