Lorain/Elyria, OH
Eminent domain fight in Avon
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Wolfe, 57, owns about 25 acres of land at 2758 Center Road — a property that Avon school board President Dale Smitek described as the absolute best place to build a new junior high school.
The board voted 3-2 last month to try to seize that property in court for roughly $30,000 an acre.
But Wolfe had a room full of supporters Tuesday as she protested that decision.
“I don’t deserve to be treated this way,” she said. “I am asking the board to just leave me alone.”
Wolfe said her family has lived on the farm since 1955. She’s lived there all but 14 years of her life, and her life partner died at their house there in 2005.
Developers have been making offers to buy the farm for years, but Wolfe said she wants to keep the land and pass it on to her family.
She got hugs from several of the people who defended her.
“You’re putting her (Wolfe) in a position where she has to fight just to keep what is hers,” said resident Tom DeChant.
He said the school board shouldn’t use eminent domain — a law that lets government claim property needed for public good for a price determined by a judge — when there is so much other land for sale in the city.
Jay Pickering said he knows exactly what Wolfe is experiencing.
Five years ago, the district tried to seize about three acres of his property to build Heritage South Elementary, he said. The community fought back and the school board relented, and the district managed to build Heritage South and the district bus garage without his property, he said.
“You don’t know how it feels to be in my shoes or in Mary Jane’s shoes,” he told the board. “I know you can do it. You can rescind this vote to use eminent domain.”
Smitek acknowledged that the issue is emotional. But, he said, Avon Schools need to do something as they are growing more and more crowded as new families move into the community.
The board hasn’t finalized plans on the new school, only that it should be started by 2011.
One option is to have it house only seventh- and eighth-graders, which is expected to cost $19 million. Another is to build it for sixth,- seventh- and eighth-graders, upping the cost to $21 million, he said.
The board added onto the high school in 2006 to stave off overcrowding, he said, and that spelled out the need for a new junior high, too.
But that’s going to cost money, and the district will need voters to pass a bond issue — possibly as soon as 2010, he said.
That didn’t sit well with the crowd.
“We will not pass a levy,” said resident David Vargo. “In two years, we will not forget… we are going to continue this fight until then and beyond.”
After about an hour, Smitek cut off additional comments – saying he wasn’t hearing anything new. The crowd booed that edict.
Board member Kevin Romanchok made a motion to delay the eminent domain action for 90 days and create a panel of citizens to look at alternatives, but the motion died for lack of a second.
Contact Jason Hawk at 329-7148 or jhawk@chroniclet.com.
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I painted her barns in 2000 and I personally witnessed much wildlife on her property, since it a beautiful property bordering the French Creek. Canadian geese, beavers, groundhogs, frogs and may songbirds that she feeds. Smitek wants to destroy all that for the sake of hundreds of screaming kids who would probably be happier elsewhere, perhaps closer to fast food restaurants electronics stores, and clothes stores. There are several viable altenative lands they could use with owners willing to sell. Why does Smitek feel the NEED to STEAL this woman’s land. Smitek needs to get a grip on his over-estimated sense of self importance, and his disregard for other’s feeling. Leave that fine woman alone. All she wants to do is retire and honor the land that her family has had for generations. Please leave her alone.
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Who appointed this arrogant person Smitek to the board. They should be fired. He belongs in Germany or the middle east where people just take things they want, without any dicussion about it. What’s the rush,anyway. You got 3 years, right. I think he needs counselling. There must be a group, a 12 step for those that are intoxicated with POWER, Think about it, ok? I will help you if you can’t afford the fees.
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Seems Avon Schools don’t plan very well. They build a high school and a couple years later they add on to the building because it is already too small. So what’s to say that they are planning well with this? Right now they say it’s the best place to build, a couple years down the road they’ll say something different. Eminent Domain is not the answer but unfortunately, the judge will probably side with the schools. Personally, I haven’t voted for a levy here in quite some time and I certainly cannot support this move. But, there too, the people moving in are the people with kids who will support the schools no matter what. After all some developer probably bought land and plucked their house down on it then made a healthy profit off the first person’s land sale. Isn’t that how it works?
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Unless you have a land grant or alloidial title, not a deed, you do not own your land, you merely rent it from the government who can and will take it for whatever purpose they deem necessary at whatever time they deem expedient. After all, they are the real owners. Only the owners of an item can determine its ultimate use, right? And as to arrogance, there is no arrogance on the planet like that of school board tyrants who have a mandate of doing everything ” for the children”.
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That’s true about allodial title, Randy. Unfortunately it is so rare as to be nonexistent. Eminent domain was never meant to be a solution for anybody except local, state and the federal government. This has been abused many times for private housing developers and businesses. Follow the money. This poor woman’s land has been in her family for 53 years. The exclamation, “This is my land and always will be my land”, has a false ring to it now because of greedy idiots like those in the article. Fight on Mary Jane Wolfe! It sounds like you have a lot of good people behind you. Start a petition.
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With all the forclosures, this woman who owns her land is having trouble. Is anyone safe in thier home EVER?
A school should stop and think about all the FUTURE homes before they design. Keystone is also to small after it was built. Enough is enough! leave this poor woman alone already!
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This is the very example of abuse and corruption in politics today. Eminent Domain idea was suppose to be for blighted areas, not for “prime” real estate. What a horrible and terrifying experience for someone who has prime real esatate in Avon, that still preserves what Avon represented for so long. SHAME ON THE CURRENT BOARD MEMBERS!!!!! Kevin Romanchok you have courage and at least tried to stop the action that is pending and look for an alternative plan. Kevin your responsibility is not done, you must fight on the inside for what is right, while others in Avon fight on the outside to stop the abuse of power!!! AVON YOU MUST REMEMBER YOU CAN CHANGE THIS BOARD AT ELECTION TIME, DO IT OR IT COULD BE YOUR PRIME REAL ESTATE.
The nerve of this board to offer crumbs for this much land truly speaks for the mentality of this board. The President of the Board’s house is probably worth more than $750,000 sitting on an acre of land in Avon.
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I am worried about the leagal fees that Mary Jane Wolfe has/had with this fight. Is anything being done to help her so she can continue to fight until the end?
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Everyone who believes the Avon School Board is in the ‘wrong’ contact Senator Sherrod Brown’s office. I’m not sure if he can do anything but I did email him and let him know that when he needed a vote, I was there. Now I need him to stand-up to this ‘government sanctioned robbery’ the school board is trying to pull off and represent the ‘little’ people he has sworn to represent!
I don’t even live in the district but this has just struck a very raw nerve!
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art,
The Avon Citizens for Change have stepped up to that task, please visit their website http://www.avoncitizensforchange.com, Ms Wolfe and alot of concerned citizens would appreciate the support. This is not just an “Avon” problem, this outrageous situation could happen to anyone of us!
These are the people responsible for wasting taxpayers hard earned dollars and promoting property theft:
Dale Smitek-2251 Primrose, Avon,OH 44011 (440) 934-6919 dsmitek@aol.com
Angela Marsiglia-3583 Long Road,Avon,OH 44011 (440) 934-6767 AJKJ@aol.com
Debra Polovich-2735 Jaycox Road,Avon,OH 44011 (440) 934-5400 DPolovich@aol.com
Jim Reitenbach, Superintendent 246 Crestview Drive,Elyria,OH 44035(440)365-6683 ReitenbachJ@avon.k12.oh.us
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new update… a petition is now available to sign for those still wishing to help Ms. Wolfe http://www.petitiononline.com/avonstop/petition.html
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