Mayor says Hazel extension allowed because city, not private firm, doing it

A business owner says the state Supreme Court decision helps his cause.
By DAVID SKOLNICK
CITY HALL REPORTER
YOUNGSTOWN -- A state Supreme Court ruling against an Ohio city seizing property through eminent domain for private development has no impact on a Youngstown plan to link downtown to the university, the mayor says.
The court unanimously ruled Wednesday that economic development isn't a good enough reason under the state constitution to permit Norwood, near Cincinnati, from taking property for a $125 million project by private developers.
City council approved a plan last month to link downtown to Youngstown State University by extending Hazel Street. To do so, the city has to obtain property, most notably Grenga Machine & amp; Welding Co. on West Rayen Avenue.
Joseph Grenga, who owns the company and uses the building for storage, is adamant that he won't sell his building to the city.
Mayor Jay Williams has said a final option for the city is to take needed property for this project through eminent domain.
Grenga said Wednesday's ruling will make it more difficult for the city to take his property.
"This decision will help our cause," he said. "No one should be forced to sell their property if they don't want to."
But Williams said the court's Norwood decision has no bearing on the Hazel Street extension, part of a 38-acre redevelopment plan, known as the Lincoln-Rayen-Wood development district.
"The Norwood case dealt with a private developer and [the Youngstown plan] doesn't, so the ruling isn't applicable in our case," he said. "The city has the right to take property for public thoroughfares."
Walt Ulbricht, a YSU spokesman, agrees with Williams' assessment.
"The difference is a for-profit company vs. a nonprofit state agency," he said. "There is no private developer on the Youngstown plan."
Previous ruling
The U.S. Supreme Court ruled last year that municipalities had the right to seize property for use by a private developer through eminent domain. After that decision, Ohio declared a moratorium preventing governments from seizing private property for use by private developers until next year.
Some business owners potentially affected by the Lincoln-Rayen-Wood plan objected to the Hazel Street extension aspect of the project. None object to the construction by YSU of a $30 million College of Business Administration on Phelps Street.
A group opposed to the Hazel Street extension circulated referendum documents seeking to place the legislation passed by council dealing with this project on the Nov. 7 ballot.
The group submitted the referendum documents with about 1,300 signatures. The referendum needs 1,088 valid signatures before it can be considered for placement on the November ballot.
The Mahoning County Board of Elections is reviewing the petitions to determine the number of valid signatures, and should have that figure available Friday.
The city law department then must determine if the proposal complies with city law and the language on the referendum document.
One potential snag is that the documents require each page to be notarized, but they weren't.
skolnick@vindy.com