THE DUST HAS SETTLED - Morris' Win Battle Over Convenience Store

(03/03/2004)

State sold their right-of-way almost
up to building (Smith's Service Center)...

... and the long disputed Simon's Run "hole" beside the Senior Center

By Bob Weaver

The battle over a new convenience store in the small town of Grantsville has taken many turns during the past few years, backward and forward, up and down.

Earlier reports in the Herald asked "Who's on first, Morris or Satterfield?"

The answer is now clear, even though Morris' have declined to say they are wanting to use the real estate to build a convenience store.

Businessman Steve Satterfield said he gave it a try for seven or eight years. Rumored "big" outside players never came to the playing field, if indeed they wanted to.

The West Virginia Department of Highways has sold three parcels of land to Calhoun Properties, LLC, associated with the Morris family business interests.

A quick-claim deed for state-owned right-of-ways has been issued to Calhoun Properties LLC for sums of $7,000 for one parcel and $10,700 for other parcels.

Parcels included in the sale, according to the deed, cover .52 acres, .07 acres and .30 acres.

No public notification regarding the sale of the property was apparently made, nor was it put out for bid.

The office of attorney Joseph M. Brown of Parkersburg, who wrote the deed for the state, said the state does not always advertise the sale of state-owned property. The deed, filed in the Calhoun Clerk's office, is not notarized, and Brown's office said it would likely be re-submitted.

The deed says the Grantsville property in question is "not necessary or desirable for present or presently foreseeable future state road purposes, and has been further determined that said real estate has no significant value to the State of West Virginia ... and does not serve as a link between two or more state properties."

One parcel is state property along Route 5 which runs almost to Smith's Service Center building, currently owned by the Morris family interests. It was described as "44 feet of that right-of-way."

Another parcel is generally known as the mouth of Simon's Run beside Smith's Service Center, which is in a deep hollow and lies between the old Ritchie and Gilmer Turnpike, Route 5 and Simon Street.

James Morris, a local real estate company owner, has declined to make public his efforts to use his Smith Service Center real estate along Route 5-16 for a convenience store, although he has been dickering for several years over taxpayer owned property, including the current Grantsville town hall property and highway department right-of-ways.

Information regarding the deal was initially obtained through a freedom of information request by the Herald to the WVDOT.

After successfully blocking a convenience store proposal by Grantsville businessman Steve Satterfield with an injunction against the town, Morris proposed to trade two houses he owns on the flood plain for the town hall real estate.

Judge David Nibert ruled the town acted illegally in a trade proposed by Satterfield and suggested the town place their property on the auction block.

During the injunction, a Morris-hired appraiser said the town property was worth $160,000.

During an October, 2003 council meeting, town council voted 4-1 to move on auctioning the property, a non-binding auction to evaluate the business communities interest.

The vote was disallowed. Mayor Neil Blankenship said he was unaware of any such proposal, and said the motion was placed on the agenda illegally. An agenda item regarding concerns over Simon's Run was overlooked at the same meeting.

Since October, the Morris business interests have shifted to saving the town hall property.

They have used their attorney Frank Venezia to promote the keeping of the town hall property by formulating a civic committee to obtain funds for a new town hall. The council has agreed with using the committee.

The mayor said he was encouraged by the help he has received from the Morris family, whose members are on the committee.

He said they have indicated funds might come from the Mollohan Foundation. Delegate Bill Stemple, an employee of the Morris family, has offered his assistance, in addition to Senators Larry Edgell and Jeff Kessler, who helped expedite the sale of the state right-of-way to Calhoun Properties LLC.

The Calhoun County Committee on Aging was advised nearly two years ago by the Morris family they already owned the Simon Run section of land, but after discovering the land was still owned by the state, the center inquired about the real estate on which to place a street level parking lot for seniors.

Department of Highway excluded Senior Center purchase
because Simon Street separated them from state owned property

At the mouth of Simon Run is the old bridge
across historic Ritchie and Gilmer Turnpike

The senior center was advised by the Department of Highways they were not eligible to purchase the land since Grantsville's Simon Street separated the current Senior Center property and the Simon's Run property. The deed says preference is given the abutting landowner.

The Calhoun Properties LLC proposal to WVDOT, obtained under an FOIA, said "As you know this is an area that certainly can use a few more jobs." It stated the convenience store, gas station and restaurant would provide six to 12 jobs.

Steve Satterfield, who proposed to build what he described as a $750,000 convenience store and Subway, says he has backed out of any such projects.

The Morris property is expected to be sold or leased for the development of a convenience store.

Meanwhile, Grantsville's mayor, council and citizens are hopeful to see a new town hall be built.