| By Bob Weaver
Judge David Nibert will review a temporary restraining order he issued on May 12th stopping a deal approved in May by Grantsville's Town Council. He is expected to issue an opinion in a few days.
Nibert heard arguments in Grantsville yesterday from attorney John Oshoway, representing the Town of Grantsville and attorney Frank Venenzia, who represented opposing interests
The conflict is essentially between two Grantsville businessmen and how the Town of Grantsville processed a business deal.
Two council members voted and one abstained, to accept a proposal by Grantsville businessman Stephen Satterfield, which called for him to build a new town hall on property he owns on Main Street, in trade for the current town hall site which is located along Routes 16 and 5.
The initial injunction called for halting work on the project, "invalidating the agreement reached between the town and Steven Satterfield," and calling for immediate action, since construction activity had already begun on the Satterfield
project. The stay was sought by the Morris family business interests.
Satterfield says he wants the town hall property to build a new $750,000 convenience store which he says will contribute to the tax base, create jobs for several people and increase business traffic for the town.
Attorney Frank Venenzia represented Lisa Hayes Minney, a reporter for the Calhoun Chronicle, the paper owned by the Morris family, and Donald Harris, a former mayor and employee of the Morris family, and the interests of Grantsville businessman Jim Morris, who also wants the town property.
Venenzia argued there was no comparative data upon which a trade for property could be made. He said the town of Grantsville did not follow proper procedures when they voted to accept the Satterfield proposal.
Businessman Morris has offered to trade two buildings he owns on Court Street for the town hall property, both located on the flood plain. Morris says he wants to build an office complex on the property that would attract out-of-area concerns.
Oshoway said Venenzia spent 99% of the time discussing merits of the proposal, and only one-percent addressing the legal issues. Oshoway once objected saying Venenzia was "making a political speech."
Oshoway based his objection on separation of power, that "The court should not interject into the decision making process," or how the council processed the issues.
Venenzia explained to Judge Nibert the town administration has changed, a new mayor and four new council members, that the case is focused on the previous administration under Mayor Gary Knight. Knight had favored the Satterfield project.
He continued to say he had obtained some independent appraisal figures on the properties in question. They showed the Satterfield lot and new 1100' town hall would be valued between $79,000 and $89,000. He said the town hall property was valued between $160,000 and $180,000, the "best piece of real estate in the town."
Satterfield's proposed building has inadequate space, he claimed, and it is barely above the flood plain.
Venenzia said Jim Morris' two buildings on Court Street offered much more space, and were of greater value in a trade deal. He said Satterfield's deal was "A pig in a poke," with few specifics regarding what the town would actually receive.
He raised questions of underground storage tanks under the Satterfield site. "Although they are filled with sand, they have not been cleared..."
"My clients are concerned about ascetics," how it will look to have a convenience store as the gateway to the town. He said there was concern alcohol would be sold at the store, in close proximity to the courthouse.
Venenzia said his clients felt there were serious breaches of the "Sunshine Law" by Knight's administration, issuing vague agendas. Oshoway submitted an exhibit which showed the trade issue was an item on May's agenda.
He said Del. Bill Stemple and other elected officials felt grant money could be obtained to build a new city building. He contended that serious evaluation of the present town hall had not been made. Former Mayor Gary Knight issued a statement two years ago indicating an engineer said the building had critical structural problems.
Attorney Oshoway said he felt Venenzia presented little evidence in support of the Morris proposal, including not mentioning the Morris buildings are on the flood plain.
Oshoway said "The plaintiffs lost their argument, and now they are resorting to the
court."
Venenzia concluded that the town did not explore all the possibilities, evaluate the issues and study the transfer issues. "The values (in a trade) should be equal," he concluded, since this is taxpayer property.
Reporter Lisa Minney and Jim and Helen Morris were in the courtroom, with former Mayor Gary Knight attending.
Knight said "There is no one in this community who does not know about the Satterfield proposal. It has been going on for seven or eight years."
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