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Grenga fights order to move
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The magistrate’s findings in favor of eminent domain were erroneous, the Youngstown property owner says.
YOUNGSTOWN — Joseph Grenga isn’t giving up his fight to prevent the city from seizing his property and demolishing it under eminent domain law.
Grenga has objected to a magistrate’s decision that gave the city permission to take and raze his property for a street extension in conjunction with Youngstown State University’s new $34.3 million business school.
Grenga filed his objection Monday to Magistrate Dennis J. Sarisky’s Dec. 16 decision to grant the city a writ of possession, entitling the city to seize Grenga’s machine storage facility at 128 W. Rayen Ave.
Although Sarisky issued the decision, the actual writ of possession was given to the city the same day by Judge James C. Evans of Mahoning County Common Pleas Court to take effect in 60 days.
The city and its Cleveland lawyers are seeking to take Grenga’s building to enable a northward extension of Hazel Street in conjunction with the business school, for which the university broke ground in October.
In his written objection filed within the 14-day deadline, Grenga said Sarisky’s decision was “against the manifest weight of the evidence” and that Sarisky’s findings were erroneous based on what was presented in a 30-minute hearing Dec. 10.
Grenga objected to Sarisky’s issuance of the ruling because Sarisky is assigned to Judge Maureen A. Sweeney’s court, not to Judge Evans’ court.
Saying Judge Evans removed himself from the case May 8 at the city’s request, Grenga also objected to Judge Evans’ participation in the case.
The city’s lawyers asked Judge Evans to reassign the case to another judge because Eugene J. Fehr, the magistrate assigned to Judge Evans, previously had represented Grenga when Fehr was in private law practice.
Sarisky could not be reached to comment; and Judge Evans said through a spokesman that he would not comment until today.
In the Dec. 10 hearing, Anthony Coyne, one of the city’s Cleveland lawyers, 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.
In that hearing, Grenga told the magistrate the city hadn’t proved the need for the street extension. Grenga also told Sarisky he didn’t believe the city actually intends to build the extension.
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 bought the building for $95,800 in 2001.
When The Vindicator recently visited the Rayen Avenue property, it was being used only for machine storage; no heat or electricity were on. Grenga used a flashlight to navigate his way through the building.
Although storage is permitted at the Rayen Avenue location, William D’Avignon, the city’s community development agency director, said Grenga lacks the industrial zoning he would need to operate a machine shop or repair machines there.
The site is now zoned institutional, and the city planning commission isn’t likely to change the zoning to industrial, D’Avignon added.
But Grenga said he believes he already has industrial zoning at the Rayen Avenue location.
Grenga said he has 10 full-time employees at his Wayne Avenue machine shop, where The Vindicator found two employees fabricating metal spools Grenga said a customer would use to wind steel into coils.
Grenga said he bought the Rayen Avenue building to meet his company’s need for more space and would like to build an office at the Rayen location for his company and another owned by a family member.
milliken@vindy.com