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Eminent domain prevails for YSU
A 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.