CIVIL ACTION COULD STOP SATTERFIELD'S PROJECT - Town Meeting Monday Evening

(05/10/2003)
By Bob Weaver

A civil action has been filed against the Town of Grantsville, which is requesting "a temporary restraining order, preliminary injunction and permanent injunction," to stop a business deal proposed by Grantsville businessman Steve Satterfield.

Grantsville Mayor Gary Knight said "All charges in the suit are groundless."

Town council voted Monday to go with Satterfield's proposal, which called for the erection of a new town hall on property he owns on Main Street, in trade for the current town property.

Two council members were absent, one abstained and two voted for Satterfield's proposal.

Satterfield wants to erect a $750,000 convenience store, which he says will employ seven people, increase tax revenue and bring new traffic flow to the town.

The temporary restraining order was issued by the Calhoun Circuit Court on behalf of plaintiffs, Grantsville resident and former mayor Donald Harris and Lisa Minney, a reporter for the Calhoun Chronicle.

Minney is employed by the Morris family, who own the Chronicle. The Morris' have made their own proposal for the town property.

They are represented by attorney Frank Venezia.

The injunction says the "Town of Grantsville and Mayor Gary Knight breached their fiduciary duties as protectors of the public interest." Knight, the Town of Grantsville and Stephen Satterfield are listed as the defendants.

The injunction calls for halting work on the project, "invalidating the agreement reached between the town and Steven Satterfield," calling for immediate action since construction activity has already begun on the Satterfield project.

It prohibits the defendants from entering into any further discussions regarding the sale of the property without fully notifying the public and the press, according to West Virginia law.

The injunction further states the defendants must follow the "proper legal requirements attendant to the sale of public property."

Businessman Jim Morris presented a different proposal for disposition of the crumbling town hall at last month's council meeting. He wants to trade an office building and house he owns on Court Street for the town hall real estate. Those buildings are in the Grantsville flood plain.

He proposes to build a professional office building on the town site, to attract professional people to locate in the town.

Morris said the town should look at all their options, at last month's meeting.

The injunction also cites state law which might require the town property to be sold at public auction, and to assess and determine what is actually being sold.

It further asks to determine if the proposed building to be erected by Satterfield is adequate for the town's needs, and calls for an environmental study of the Satterfield site since it was once used as a gasoline service station.

It states Knight nor any of his representatives have conducted such a study related to underground storage tanks.

The document says of the town's responsibility: "This duty includes providing a thorough investigation, evaluation and analysis of all options available before disposing of public property and acquiring new property."

Further, the injunction says the town has failed to provide advance notice for its meetings, making an agenda available in advance to the public and news media.

Morris has said his proposal for the a new office building would not disrupt the town's parking lot. Satterfield has indicated his store would "not take the parking lot," and he would pave the entire area. He further claims the location for his new town hall is three feet above the flood plain.

Meanwhile, Mayor Gary Knight has called for a Town Hall Meeting to be held Monday evening starting at 6 p.m. at the Grantsville Senior Center. Knight said all residents of the town and area should attend to discuss the Satterfield deal and the future of the town.

The Morris family opposed the Satterfield project about three years ago. They own the former Smith service station property near the town hall at the junction of State Routes 16 and 5. At that time the town rejected the Satterfield proposal.