THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Sunday, January 19, 1997 TAG: 9701190135
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY TERRI WILLIAMS, STAFF WRITER
DATELINE: SUFFOLK LENGTH: 66 lines
William E. Beamon Jr. will have his day in court Tuesday to determine whether the city of Suffolk has the right to tear down his record and clothing shop to make way for a parking lot for the $14 million Mills E. Godwin Courts Complex on Main Street.
Circuit Court Judge Rodham T. Delk will determine whether the city can condemn Beamon's Hot Spot Records and Tapes.
While Beamon may be one small-business man, the significance of the case may best be demonstrated by the parade of city officials subpoenaed by both sides. They include former mayor Andrew B. Damiani, former mayor and City Council member S. Chris Jones, City Treasurer Ronald H. Williams and City Manager Myles E. Standish.
Officials argue that Suffolk needs the courts complex to revitalize downtown. They're hoping the complex, which will unite all court services under one roof, will attract more business. Construction is under way, and several old buildings already have been razed.
Legally, except for Beamon's.
The shop owner argues that his nearly two-year fight with the city is a matter of principle.
``Who can stand for someone taking something from them unfairly?'' Beamon asks. ``If there's a future for downtown Suffolk, I want to be a part of it.''
That fate may be decided soon.
The issue the judge will deliberate is whether the city has authority to condemn the shop owner's property.
Beamon's shop is now the lone holdout among a string of about a dozen mostly African-American businesses that are either boarded up or demolished. Late last year, Lafayette Brown, who owned property on East Washington, settled with the city for an undisclosed amount.
In previous interviews, Beamon's lawyer, Joseph T. Waldo, contended that the city's condemnations were ``arbitrary and capricious'' because some businesses were skipped over to get to his client's. Beamon and Waldo contend the businesses were viable and should be considered part of the future of downtown Suffolk.
Waldo also has argued that city officials failed to offer Beamon fair market value.
Assistant City Attorney Kay Wilson has refused to comment.
Last August, the state Supreme Court refused to hear an appeal by the city that would have permitted Suffolk to quickly condemn and tear down the shop.
By not hearing the city's appeal, the Supreme Court affirmed a Suffolk Circuit Court order that city officials could not ``quick take'' Beamon's property.
The ``quick take'' process would have allowed the city to take immediate possession without first going through the full condemnation process.
Beamon also is battling in federal arenas. He has filed a discrimination complaint with the U.S. Department of Housing and Urban Development on behalf of himself and a dozen other tenants who rented apartments in buildings that have since been acquired by the city.
Beamon, who lives in an apartment above his shop, contends that he and the tenants should have received relocation expenses.
Dinesh V. Tiwari, executive director of the Suffolk Parks Department, which is overseeing the courthouse project, has said the city is not required to reimburse renters because the complex will not be financed with federal money. HUD's Fair Housing Division is evaluating the complaint.
Beamon also has filed a $3.1 million federal suit alleging racial discrimination by the city. However, the case will not be heard until the condemnation matter has been resolved.