The City of Morgantown has initiated the procedure of eminent domain to obtain an item of residential or commercial property a riverfront improvement task encroached on without the homeowner’s approval.
The city has filed a validated application for condemnation in Monongalia County Circuit Court, asserting that the home is needed to offer ample access to the Hazel Ruby-McQuain Park that went through $4.1 million well worth of improvements.
It was that improvement job that has resulted in the property disagreement and Tuesday’s court declaration..
Dan Nagowski has Wings Ole on 1125 College Avenue. He asserts that an agreement was made in September 2019 to allow the project to elbow in about 35 square feet onto his property, regarding the dimension of half a parking space.
Nevertheless, Nagowski knew something was wrong as quickly as he saw the footer being poured for the brand-new structure, in a different orientation and various locations with pathways that he claimed were not in the strategies that had been gone over with him..
The structure and surrounding pathways that ended up being created occupied about 800 square feet, according to Nagowski. When Nagowski came close to March Westin, the professional accountable for the improvement project, he was told they were complying with the plans given.
Nagowski additionally mentioned the problem to then-City Supervisor Paul Brake, noting the deed, the purchase agreement, and also study of the residential or commercial property, yet his concerns were never dealt with. The building continued with the plans provided, and the framework as well as adjoining pathways ended up taking up concerning 800 square feet of Nagowski’s building.
“I seem like I have been harassed,” Nagowski stated to WAJR throughout a March meeting on Talk of the Town.
Settlements over the past year between Nagowski and also the city have been unsuccessful. According to City Communications Director Andrew Stacy, the town has experienced arbitration with Nagowski, which did not produce any outcomes. The city had the building assessed in June by Chico Evaluation Solutions for $193,800 and provided to pay the appraised value for the piece of property in question and expenses sustained for the eminent domain proceedings, but Nagowski additionally declined that deal.