Property dispute seemingly forgotten but not yet forgiven

To quote Monty Python’s Flying Circus: And now for something completely different.

While the whole world (including us) has been monitoring the novel coronavirus situation here and abroad, some may have missed some very interesting local news. Though we reported on the incident March 15, the story begins this past winter.
In December, a representative of the City of Morgantown approached Dan Nagowski, owner of Wings Olé at 1125 University Ave., and asked to use a portion of his property for the ongoing improvements for Hazel Ruby McQuain Riverfront Park. Nagowski verbally agreed to let the city use 35 square feet of the Wings Olé lower parking lot abutting the rail-trail.

Fast forward two months and there is now a new restroom facility for the trail and a fresh sidewalk where there used to be seven Wings Olé parking spaces. In total, the city took about 800 square feet of Nagowski’s property.

According to Nagowski, he never received (and therefore couldn’t sign) any official paperwork allowing the city’s project to encroach on his property. When building began in December, Nagowski confronted the construction manager, who passed Nagowski along to the contractor’s co-founder. Both said they were merely following the plans provided, and work continued on Nagowski’s land.

Next, Nagowski got in touch with someone from the Hazel Ruby McQuain Charitable Trust, but they just sign the check, so he was finally passed on to City Manager Paul Brake. Nagowski showed Brake the deed for the property as well as the purchase contract and a survey of the encroachment. By this time, it was early March and by the next week, the new restroom facility and sidewalk were complete.
When asked about the situation, Morgantown Communications Manager Andrew Stacy said, “It appears that a portion of the construction improvements at the park encroached on the Wings Olé parking lot.”

Uh, ya think?

You know that saying, “It’s better to beg forgiveness than to ask permission”? This is not one of those times. Government should not bypass a private citizen’s permission to use private property and then say “oops, sorry.” Though at this point, Morgantown isn’t even saying it’s sorry. Nagowski wants his property back (which, let’s face it, isn’t going to happen now that construction of the rather large facility is finished), but, as far as we know, the city hasn’t even offered him compensation for the land it took.

We’re still flabbergasted the city was permitted to make plans and hire a contractor in the first place without official — not to mention signed — documents.
We understand that coronavirus has eclipsed almost everything else and has taken priority over seemingly minor issues like stealing a portion of someone’s property, but the city still owes Nagowski an apology and generous compensation. The city also owes him — and, frankly, all of us — an explanation for how this happened in the first place and a plan to prevent it from happening again.