Fairmont’s Beltline Controversy

City of Fairmont Entangled in Controversy Over Eminent Domain and Development Plans

By Nicole Leigh

West Virginia Watchdog

November 2023

The famous adage, "Oh, what a web we weave when first we practice to deceive," is ringing true in the city of Fairmont as it finds itself ensnared in a web of controversy and deceit that shows no signs of untangling.

It all began with the startling announcement that the city was pursuing the acquisition of several properties within its borders through the contentious method of eminent domain. Among the targeted properties were the Fairmont Box Factory and a 4-lot area adjacent to the Fairmont Wastewater Treatment Plant. The city cited West Virginia Code Chapter 54 as the legal basis for their actions, which permits the seizure of properties for public use. They claimed that negotiations with the property owners had been attempted but failed over the course of a year. However, these statements have been met with skepticism.

Albert Eddy, the owner of the land facing eminent domain proceedings on Buffalo Street under Chapter 54, revealed that it was in September when the city attorney notified him of the appraisal and the city's intentions to acquire his property through eminent domain. Eddy had acquired the property through a tax sale with the intention of leasing or reselling it. The property had been in the possession of its previous owners for over five decades, passing to their sons upon their death. In speaking with one of those sons, they confirmed that the city of Fairmont had taken advantage of their elderly mother for many years by squatting on the property for free and never leasing or paying for the use of it. Had the city fulfilled these obligations, the property's taxes could have been easily covered. By the time the property was passed on, they could not keep up and they lost it. When Eddy took possession of the property, the city had not bid on it, though they did have the opportunity to do so. Only when the city learned that Eddy planned to charge for its use or resell it did they decide to initiate eminent domain proceedings.

Throughout Fairmont's history, the utilization of eminent domain has been relatively uncommon. However, the recent appointment of a new city planner and city council has marked a shift, where eminent domain is increasingly seen as a means to achieve goals that would not be attainable through conventional and ethical approaches.

Using property for free and then seizing it for use by our water department after the recent increase in our bills, or the end of decades-long traditions of open and transparent choosing of a new city manager, should not seem like much of a stretch for this council. But when we step back and look at the Beltline District Brownfield Revitalization Plan, we start to better understand that the city council we elected doesn't actually run our city at all. They are merely puppets for one man playing with our money, like a child playing with Legos.

City planner Shae Strait has come under scrutiny. Critics argue that he has forgotten Fairmont's identity as the Friendly City of West Virginia, instead pursuing agendas more aligned with sunny Southern California than the local community's desires. We do not steal property from our neighbors and then lie to our citizens when what we want to build doesn't align with what the people of Fairmont want.

Mr. Strait has proposed a plan to the city council that requires the eminent domain of the Box Factory. Telling Fairmont News, “While I view eminent domain as a last resort, it is a fair way to come to a conclusion on a necessary project." What Mr. Strait fails to state publicly is that his development plan was not actually set on demolishing the Box Factory, as he and the city have said, but to repurpose it instead.

However, his failure to secure additional properties necessary for the Beltline District Brownfield Revitalization Plan has left questions unanswered. Two properties on Minor Street, owned by Bonnie Toothman and leased to the Board of Education, remain unaccounted for, with Toothman expressing no intention to sell. Sources suggest that Strait is determined to acquire these properties through any means possible. As of today, though, Mrs. Toothman has stated that no one from the City of Fairmont has been in contact with her about the Beltline plan or her properties.

Adding fuel to the controversy is the proposed placement of a Drug Rehab and Mental Health Facility a mere 26 feet from West Fairmont Middle School. The Board of Education was not initially informed of this proximity when asked for their support, highlighting the strategic and contentious tactics employed by Strait.

Upon questioning the city about the project, residents have received three different responses. The city attorney maintains that the plan voted on by the city council carries little weight, as indicated in the ordinance. This has left citizens skeptical of the validity of the votes of our council members and puzzled by Strait's seemingly unchecked authority.

City Councilwoman Rebecca Moran has emerged as a vocal advocate for placing a drug rehab facility in close proximity to areas where children play. She states in a recent Facebook post, "...Fairmont NEEDS more options for those suffering from mental health and substance use disorders, and we have GOT to stop stigmatizing treatment. The reality is that there are people who live in the WFMS neighborhood struggling with substance use disorders. There are people living in my neighborhood, and in yours, struggling. Use is already there, use is all around us, and we can't stick our heads in the sand and pretend it's not there because it's not as obvious as a treatment center with a nice sign outside."

What Councilwoman Moran is attempting to do is elicit guilt from citizens and make them believe that they are bad people if they do not feel comfortable with this plan. That they are either for helping save addicts in our community or they are narrow-minded, judgmental people who are against helping others. Rebecca Moran does not propose this rehab be placed in her district, which already has plenty of vacant lots. Rebecca Moran is not an addict. Rebecca Moran is not a WFMS parent. Rebecca Moran does not get to judge those individuals who know addicts, live with addicts, were addicts, and are making wise decisions for the safety of our children, both physically and mentally. Individuals like Deputy Mayor Josh Rice.

Deputy Mayor Josh Rice, the only council member to oppose the redevelopment plan, has been open about his own experience as an addict. "Once an addict, always an addict," Rice is often quoted as saying. He has been through it, has found his way through to the other side, and now does what he can to serve his community as a true representative of its citizens. He understands the struggles faced by Marion County families dealing with addiction. As a recovering addict and a father, he passionately believes in helping addicts but draws the line at locating a drug rehab facility near schools.

Recent developments have seen City Planner Shae Strait and acting City Clerk David Kirk attempting to influence elected board members during a Board of Education meeting to publicly support the city in the development of his plan. Sources tell me that Mr. Strait had asked to speak at the board meeting but was denied, due to the topic being a city issue, not a school board matter. The city planner ignored the board and, acting in an official capacity for the City of Fairmont, still made an appearance.

The city of Fairmont will attempt to draw new maps and give new statements, but in the end, it's only more threads of their web. In their attempts to resolve the ongoing controversy, it remains clear that the city's actions and its stated principles do not always align. They take our tax money, they take our properties, they keep us in the dark, and they allow a non-elected official to control our community. They may attempt to say differently, but the ethical concerns surrounding the city's leadership, especially the unchecked influence of the city planner, make it clear that our city is no longer operating under any semblance of an ethical democratic process.