WHEELING - City Councilman James Tiu and three other property owners face an "uphill battle" in future weeks as they fight to stop the city of Wheeling from using eminent domain to take their properties.
Council last week, by a 6-0 vote with Tiu abstaining, authorized the use of eminent domain to take four East Wheeling properties: 132 15th St., owned by Tiu; 136 15th St., owned by Jerome Poynton; 138 15th St., owned by Helen Adelson; and 146 15th St., owned by David Coleman. The properties would clear the way for the city to build a planned $2.5 million sports complex.
The homeowners have indicated they plan to fight the city's use of eminent domain to take their homes. However, Wheeling attorney James Companion of the firm Schrader, Byrd Companion and Stacy Dreher of Beirsdorf & Associates, a national law firm specializing in eminent domain law, said the homeowners face a tough battle in Ohio County Circuit Court.
"It's an uphill battle for (the property owners), really," Dreher said.
One of the biggest obstacles for the homeowners, according to Companion and Dreher, will be cost, as it takes a sizable investment to fight eminent domain, particularly if the homeowners choose to appeal the circuit court's findings to a higher court.
If the matter goes to the West Virginia Supreme Court, Companion said the cases could take "at least two years" to resolve.
Poynton said he intends to appeal any decision to the state Supreme Court.
"The wheels of justice do not turn rapidly," Companion said.
Both Companion and Dreher agreed the best chances the property owners have is a "right to just condemnation," wherein Companion said the court will negotiate a "fair price" that typically is somewhat higher than what the city is offering.
Council has agreed to pay the four property owners the following amounts: Tiu, $45,000; Coleman, $40,000; Poynton, $24,700; and Adelson, $31,500.
But Poynton, Adelson and Tiu's attorney, Teresa Toriseva, all said they wish not to give up the properties at any fair price.
The state's eminent domain law appears to be on the city's side, as a public park is an allowable use under state code. The homeowners' question, though, is just how public the facility will be, as rumors have been prevalent since the project's announcement last year that the facility was being built for Wheeling Central Catholic High School's use.
"If the city can prove it's for public use, then it would be futile for the property owners to fight it," Dreher said.
Toriseva, however, said she will investigate the possible private-sector tie, particularly because of what she sees as a lack of disclosure from city officials into plans for the sports complex. She said she is confident the city is abusing its power where the sports complex is concerned.
"Is this sports complex and eminent domain attempt truly for the benefit of the greater good and taxpayers the public or is it for the behind-closed-door benefit of an undisclosed private entity?" she said. "The funds are yet to be identified so we find it questionable across the board."
Mayor Andy McKenzie has said on several occasions there is no private interest and the sports complex will "improve the quality of life" for East Wheeling residents. He also noted it will clean up a dilapidated block and will be an open facility for anyone wishing to use it. McKenzie has declined to comment since council authorized the use of eminent domain last week, citing legal concerns.