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Eminent domain prevails for YSU
TweetA shop owner has 60 days to vacate the premises, judge says.
YOUNGSTOWN — A judge has granted the city a writ of possession enabling it to seize and demolish the Grenga Machine and Welding Co. machine shop for a street extension.
The writ comes in response to a lawsuit the city filed against shop owner Joseph Grenga, in which the city sought to take the shop by eminent domain to enable a northward extension of Hazel Street in conjunction with Youngstown State University’s new $34.3 million business school. The university broke ground for the new business school this fall.
Under Ohio law, “The plaintiff city is entitled to possession of the premises, including the structure, and to remove and dispose of the structure so that it may proceed with the public purpose of installing the road,” wrote Magistrate Dennis Sarisky and Judge James C. Evans, both of Mahoning County Common Pleas Court. The magistrate and judge issued their rulings late Tuesday.
To permit Grenga to vacate the premises, the writ issued by the judge says the city may take possession 60 days from Tuesday unless the court orders otherwise.
The writ says appraisers named by the city and the county auditor shall appraise the shop, which is located at 128 W. Rayen Ave., and that their appraisals may be used as evidence in the jury trial concerning how much compensation Grenga should receive.
“All I’d ask for is a fair trial and they play by the rules,” Grenga said, referring to the city and its lawyers.
Grenga said he wasn’t sure if he’d file an objection to the decisions of the magistrate and judge. Grenga has 14 days from Tuesday to file a written objection with the court clerk.
In a hearing last week, Grenga told Magistrate Sarisky the city hadn’t proved the need for the street extension.
Grenga also said he did not believe the city actually intends to build the extension.
However, Anthony Coyne, a lawyer for the city, told Sarisky it was important that the city be allowed to proceed with the street extension, which Coyne said is part of a community development effort consistent with the comprehensive plans of the city and the university.
When the city filed its petition to appropriate Grenga’s property in January, it deposited $205,000 in escrow with the court and attached a city council resolution and ordinance in support of the acquisition.
Grenga rejected the city’s offer to buy the 102-year-old, 10,515-square-foot building for that amount. Grenga purchased the building for $95,800 in 2001.
The street extension, designed to link downtown with the university campus, is part of a community development plan spelled out in a March 2008 memorandum of understanding signed by officials of the city, YSU and the Roman Catholic Diocese of Youngstown.
If the city decides not to extend Hazel Street, “the diocese and the university shall have the exclusive right, but not the obligation, to purchase the city parcels in such proportion as the diocese and the university shall agree,” the memorandum says.
The proposed street extension would bypass diocesan offices at 144 W. Wood St., which are adjacent to St. Columba Cathedral.
Comments
Good artticle by Mr. Milliken.
I do have a question, or perhaps I missed the answer in an earlier article:
What type business did Mr.Grenga have? Was it construction; storage; a machine shop; welding?
Perhaps someone can help.
Thanks
Looks like it's a welding shop Ken.
I don't see the issue with the $205K offer-doubling the value in 7 years in Youngstown? Sounds generous although I'm not familiar with the area.
Why is the Catholic Diocese involved in the eminent domain case? They aren't paying for the street are they? Isn't that a violation of the separation of church and state under the 1st Amendment?
And they tried to say that they were not even open,more or less that it was a vacant building. Where did they get that from? Thats' nothing but a lie.
One could argue that the new university building would generate more jobs creating tax revenue than Mr. Grenga's organization. In addition they would probably offer better wages to their employees.
grenga machinery co. is a sucessful company that has taught many men and women a trade for employment in this trade. grenga machinery co. pays union wages and benefits to its employees. all the naysayers that are against the grenga machinery co. should talk to him personally and visit the place. maybe then the naysayers can write an educated response to this situation. remember when you spit-up in the air it will come down on you, are you ready for the ramifications?
aparently in this day and age in which many busniess are having to close up shop we would rather talk down about them then help them grow. This one small act of YSU being a jerk just put a small hole in the economy.
Yet another disappointing show by YSU and the City of Youngstown. For an institution that demands community respect and support, this is a disgusting act. YSU should support this community if it expects the support of the residents and businesses. I am very, very disappointed in the acts and decisions YSU and its leadership continue to make regarding this community. I am ashamed that the City of Youngstown supports YSU's greed.
In the first place, the Hazel Street extension will pass to the WEST of the Grenga building. The business school is not going to be built where the Grenga building is located at. All that will occupy the footprint of the Grenga building will be either parking or grass.
It seems that most people have fotgotten what private property rights are. It doesn't matter what you use a piece of property for, if you own it it is your to do with it as you please. The City taking this building is legalized theivery. The next building that they may want could be your house! It is a shame that a law abiding citizen has to throw all of his resources and money to keep something that is already leagally his.
Offering $205,000 may not be enough money to buy a comparable building and pay to move his equipment, set it up and reimburse for lost opportunity. All of those costs should be factored in to what a government entity must pay if they want a property by eminent domain. A property valuation only applies if you have two WILLING parties. If one is unwilling then a property valuation doesn't mean squat.
I think YSU has a bunch of overpaid Profs. The schools tuition is too expensive given the economics of the community. Come on down to Georgia Valley goers. Free college and higher learning to anyone that maintains a B average or better!!! The economics down here are better than the JED area any day!
This is a crime what they are doing to the Grenga machine company. It sounds to me like this plan is to simply increase the visual look of the campus. If a non-campus building is in the way of the new business building and the core of the campus, then they just figure, we'll plow it over and call it eminent domain. I am supporter of Youngstown and seeing it change for the better, but it serves no purpose to run someone out of business to make the campus prettier.
Please tell me you guys are all kidding. . . .
You think its a horrible thing for the city/university/diocese to give this guy more than DOUBLE his money after a 7 year real-estate investment in Youngstown?
And by not doing so - it would hold up a 35 million dollar project which will add brand new buildings and create many more and better paying jobs that this machine shop.
Taking property via eminent domain almost always sucks, but lets face facts here.
1. This is not some historically significant or even particularly special structure.
2. This is not a generations old family business that has slugged it out during the bad times and is now having his business pulled out from under him - he bought the place in 2001.
3. He's doubling his money in 7 years in the middle of the worst real-estate market ever!
4. He's holding up a potentially 35 million dollar project over his 200K piece of property.
The judge made the right call.
Mr. Grenga - take the money - spend a quarter of it on another building (there's plenty of good candidates available) and continue your business. You're getting a much better deal than the rest of us on your property valuation.
Did you get that the road itself is not going to go where the buliding is or do you just not give a care? You are aobut the only one who sees no problem with YSU being a bully. holding a project up,hmm,it this fancy new upgrade even needed or is it to make te cmapus lok better which by the way will not do much tom ake more people want to go there,the money is the issue as to why many don't want to.
Get a grip Grenga-Defenders. The man bought the building on speculation that YSU would, one day, dig deep into its pockets and pay him millions more than he ever would have paid for it. He gambled on the idea. The joint was full of out-dated office equipment to make it look like a "thriving" business". There were never any cars filling that lot or employees going in and out before, after or between any shifts.Grenga still made out on his little gamble, so quit feeling so sorry for the guy who tried to take more money from the taxpayers..YES, that would have been your money and mine..get it? As in money from the State?
Where you get your info? you make it up or did you get it form YSU or the city aw direcctor who siad hat? Id you ever go in the buneiss and see what happend first hand or did you ehar tha form other people? Don't bleive evrything you hear.
Metz...are you speaking in tongue?
No,well I am not trying too. I can't be the only one who types too fast and messes up out there.