Wings Ole owner takes next step against city’s claim
The city of Morgantown is using the eminent domain process to retroactively make the illegal legal.
That, in short, is the essence of counterclaim filed Friday in Monongalia County Circuit Court on behalf of Dan Nagowski, the owner of a piece of riverfront property the city built on, then moved to claim through eminent domain.
As has been previously reported, Nagowski owns Wings Ole, at 1125 University Ave. The property in question is the lower parking area next to the rail trail.
Nagowski has said he verbally agreed in September of 2019 to allow the city to encroach onto roughly 35 square-feet of his property as part of the city’s $4 million riverfront overhaul, but no easement or agreement was ever produced or signed.
After a trip out of town, Nagowski returned to see footers for a building that was not only larger, but oriented differently than what he was told. Ultimately, the resulting restroom facility and attached walkway ate up 800 square feet of Nagowski’s land.
After months of failed negotiations and mediation, the city initiated eminent domain proceedings last month to claim the entire parcel.
The city has admitted a misunderstanding led it to build on Nagowski’s property, which it had appraised at $193,800. The city said it offered Nagowski that amount.
“The city said it gave me a purchase offer. I’ve never seen it. How do you define a purchase offer? To me, it’s a description of what they want to buy and the price they want to pay for it, in writing, by somebody who has the authority to do that. I’ve never seen anything like that. I’ve never received anything,” Nagowski said.
Nagowski’s response and counterclaim says the city is acting in bad faith and has attempted to portray Nagowski as unreasonable in the press when the city’s actions have been unlawful.
“The city of Morgantown maliciously, intentionally, in bad faith, and in a punitive, egregious, vexatious way, failed to offer in good faith sufficient money to purchase the property and simply took it.”
The suit goes on to claim that the city has deprived Nagowski of his property and is interfering with his business. The building eliminated eight parking spaces, which the counterclaim values at $774,509 based on 20 years of lost sales.
Nagowski said losing the remaining nine spaces in that lot would cut Wings Ole’s total parking from 31 spaces to 15 at a time when the business is doing more carryout sales than ever due to COVID-19 occupancy restrictions.
In Nagowski’s counterclaim, attorneys Mark Kepple and Christopher Smith, say the city clearly knew it was building on somebody else’s property and is now unlawfully trying to claim eminent domain to cover its trespass.
The suit points to West Virginia Code 54-1-3, which states no political body can encroach on or build on any land or otherwise injure privately held property without first obtaining the legally recognized consent of the property owner.
“The city could write a check and make it right, but the time for negotiation has past, in my humble view. My attorneys may say something different, but I feel like everybody has had plenty of opportunity to do the right thing,” Nagowski said.
He went on to say that he’s always strived to be a advocate for the city, but this situation has left him both disappointed and in disbelief.
“The whole time I’ve been in Morgantown, I’ve never tried to do anything but help Morgantown. I was on the board of Main Street Morgantown for probably 30 years. I was Main Street’s president for probably five years. I was the president of MRTC right at the beginning and helped the rail trail get established,” Nagowski said.
“I’ve done nothing but try to help out Morgantown and now I feel like I’ve been slapped in the face, and I really don’t understand why.”
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