Monday, July 28, 2003
The city wants to raze the building and use the space for a park.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- The Zambelli family likely will fight the city's attempt to take a building that was damaged when the city razed a nearby structure.
Attorney David Acker said he anticipates fighting the city's eminent domain proceedings for 131 East Washington St., an unoccupied building that once was the Betty Gay Clothing Store.
Eminent domain is the government's legal right to take private property for public use. Fair compensation is usually given to the owner.
City council decided this week to start eminent domain proceedings on the structure. A lawsuit filed by the Zambelli Family Trust and George Zambelli last month is seeking in excess of $100,000 to repair the building.
Contention
The family, which owns one of the oldest fireworks companies in the country, contends the building foundation was damaged when a neighboring building was razed in the spring by Seigel Excavating of Edinburg. Seigel, who is also named in the lawsuit, was demolishing the building for the city.
Court papers said the city failed to tell Seigel Excavating that the buildings shared an adjoining wall and the company then failed to disconnect the buildings.
Acker said the eminent domain proceedings shouldn't affect the lawsuit since it was filed before council started eminent domain proceedings.
Acker said the building is unoccupied, but the Zambelli family had plans to renovate it and possibly add some fireworks artwork to the recently opened wall.
"It would make a perfect building for a painted display or a fiber optics display," Acker said.
City Councilwoman Patricia May said the city wants to raze the Zambelli building and use the space as a park.