THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, November 21, 1995 TAG: 9511210266
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY TERRI WILLIAMS, STAFF WRITER
DATELINE: SUFFOLK LENGTH: Medium: 54 lines
William Beamon, lone holdout among owners of a string of downtown businesses targeted for demolition for a new courthouse, Monday won his second reprieve from the wrecking ball. A Circuit Court judge ruled that the city overstepped its condemnation powers.
Rather than ``quick take'' the property, as the city sought, it must hold a condemnation hearing. Monday's victory reverses the property title, from the city to Beamon.
``I could not be happier,'' said Beamon. ``We won against City Hall. . . . I'm happy I'll have a home for Christmas and maybe New Year's.''
Beamon said he has been tenacious because his fight is for principle. His Hot Spot Records and Tapes is among several buildings the city says it needs to make way for a parking lot for the courthouse.
The city still plans to condemn the property, but no hearing date has been set.
Circuit Court Judge Rodham T. Delk Jr. ruled Monday that the city cannot quick take property for parking lots. Such proceedings, he said, are specifically for streets and utilities.
Assistant City Attorney Kay Rudiger argued that the city can take for ``any lawful purpose,'' but Delk said, ``The city did not have the lawful authority and, therefore, the certificate to take was invalidated.''
Monday's hearing, lasting nearly eight hours, focused on myriad issues, including whether the city arbitrarily took Beamon's property without giving due consideration for other properties.
William A. McLaurin, called as an expert witness on parking lot plans, testified that demolishing buildings to construct parking lots wasn't the norm. He also argued that the city didn't need as many lots as it plans.
Joseph T. Waldo, Beamon's lawyer, argued that the city had planned to demolish Beamon's business even before the lead architect could draft a design study.
However, Delk said the city wasn't arbitrary because several other sites were considered for the $14 million Suffolk courts complex.
Beamon's struggle began about a year ago, when the city offered about six, mostly black-owned, businesses in the 100 block of East Washington Street 93 percent of the assessed valuation plus 10 percent for relocation if they remained in Suffolk. Beamon argued that the city bypassed many white-owned businesses to condemn the black-owned ones.
In an October hearing, Beamon got a delay after his attorney argued that tenants above Beamon's shop, including Beamon, didn't get adequate notice to vacate. by CNB