Building owner, city OK terms
YOUNGSTOWN — The city and Joseph Grenga have agreed, and Judge James C. Evans has ordered, that Grenga must move all his machinery out of his Rayen Avenue building by noon April 13, or it will be considered abandoned, and the city may dispose of it.
The judgment entry was signed by Grenga; his lawyer, John F. Shultz; the city’s lawyers and the judge Thursday and released Friday.
The city filed a petition to take the Grenga Machine and Welding Co. storage building at 128 W. Rayen Ave. by eminent domain in January 2008.
The city seeks to demolish Grenga’s building to enable a northward extension of Hazel Street in conjunction with Youngstown State University’s new $34.3 million business school, for which construction is to begin Tuesday.
“It appeared imminent that the [Grenga] building was going to be transferred to the city,” Shultz said, explaining why his client agreed to the order.
Shultz noted that Judge Evans, of Mahoning County Common Pleas Court, had granted the city a writ of possession, which Grenga unsuccessfully appealed to the 7th District Court of Appeals.
“To mitigate Mr. Grenga’s losses, we deemed it necessary to remove his personal property from the premises,” and Grenga has begun removing it, Shultz explained.
However, Shultz said: “This is not a concession as to the very issue of the validity of the appropriation action. ... We’re conceding nothing.”
Dan Pribich, deputy city law director, said the city agreed to the judgment entry “to prevent further hearings and further delay” and avoid additional legal expenses.
The city has hired Cleveland lawyers to assist its law department with its eminent domain petition. Pribich said the city intends to take possession of Grenga’s building April 14 and have its contractor perform a predemolition assessment that day.
A jury trial concerning the amount of compensation Grenga should receive for the building will begin May 20 before Magistrate Dennis J. Sarisky of Mahoning County Common Pleas Court.
When the city filed its eminent domain petition, it deposited $205,000 in escrow with the common pleas court. But Grenga rejected the city’s offer to buy the building for that amount.
Grenga had bought the 10,515-square-foot building for $95,800 in 2001.
milliken@vindy.com