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Old 12-18-2009, 11:28 AM
 
Location: nunya
566 posts, read 1,432,749 times
Reputation: 240

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Here's what happened.

For decades, the businesses at US Rt 50 and I-77 had direct access to Rt 50. When Corridor D was completed a few years ago, those businesses were cut off at their parking lots and patrons had to access by backtracking a half mile or more up the road.

The Holiday Inn ended up closing, along with at least one other restaurant, and two gas stations were closed. Holiday Inn sued, but failed.


Damages awarded over Route 50 project

Damages awarded over Route 50 project - NewsandSentinel.com | News, Sports, Jobs, Community Information - Parkersburg News and Sentinel

Quote:
PARKERSBURG - After four days of testimony a jury awarded more than $500,000 to the owners of a local restaurant claiming their business was damaged by the construction of the U.S. 50 upgrade.
After the upgrade the Dave Short, owner of the Mountaineer Family Restaurant filed an inverse condemnation suit against the West Virginia Department of Transportation, claiming the construction damaged the property and caused the restaurant to lose business.
Jurors awarded $600,000 just compensation to the land owner. Broken down the jury awarded $529,800 for just compensation for damage to the property and $70,200 for just compensation for consequential damages.
In 2007 the owner of the Holiday Inn, Jim Weigle filed a similar suit. In that trial the jury found the highway construction did not cause damage to the property.
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Old 12-18-2009, 06:45 PM
 
894 posts, read 1,329,792 times
Reputation: 346
How in the world can he receive damages but Jim Weigle was told it didn't effect him? There is just something not right with justice anymore.
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Old 12-18-2009, 06:46 PM
 
Location: Western Pennsylvania
2,429 posts, read 6,579,451 times
Reputation: 822
Different juries, maybe different judges --> different results.
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Old 12-19-2009, 07:15 AM
Status: "Flush the turd on Nov 3rd" (set 10 days ago)
 
Location: Lost in Montana *recalculating*...
12,609 posts, read 16,271,749 times
Reputation: 13049
I didn't realize upgrading public infrastructure could result in any award unless it physically dislodged or impacted a parcel. This, on the surface, seems to be a very bad thing.
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Old 12-19-2009, 11:28 AM
 
894 posts, read 1,329,792 times
Reputation: 346
I have served on two juries in my lifetime and both related to the DOH taking property and not awarding just payments for property taken so this is nothing new.

The bulk of the award was for property damages (which the old Holiday Inn did not have up on the hill away from the construction).

Yes, it was a different jury and I would almost bet this jury would have given Weigle something. I truly think he should have been compensated and I am a fairly conservative person.

One funny story about all this: a meeting was called to discuss all this before it ever went to litigation. The DOH representative got lost trying to find the way to the meeting. Crazy, isn't it?
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Old 12-19-2009, 08:20 PM
 
Location: nunya
566 posts, read 1,432,749 times
Reputation: 240
Quote:
Originally Posted by bballjunkie View Post

One funny story about all this: a meeting was called to discuss all this before it ever went to litigation. The DOH representative got lost trying to find the way to the meeting. Crazy, isn't it?
I had forgotten about that part of the story until now.

This road seems to be routed in the same manner as I-79. It made a wide sweep and took out just the right business, then swerved back to it's original course along the river. The road is fishier than the river, haha.
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