(rshsdepot) Williamstown, WV

["J. Henry Priebe Jr." <root_@_net.bluemoon.net>]

Parkersburg (WV) News and Sentinel:

http://www.newsandsentinel.com/news/story/0623202004_new04depot.asp

Wednesday, June 23, 2004 — Time: 7:03:37 AM EST 

Hearing date on depot's fate not set 

By JOLENE CRAIG and BRETT DUNLAP 

WILLIAMSTOWN - A hearing has not been scheduled to determine the fate of the Williamstown Depot. 

The 117-year-old structure was in danger of being demolished last week after Sutherlins Limited
Liability Company, a division of JLSS, LLC, notified the Williamstown Area Development Corp. it
recently purchased the property the building sits on from CSX Transportation Inc.

Sutherlins LLC demanded the building be demolished or removed from One Station Plaza by midnight
June 20.

Wood County Circuit Judge George Hill granted a temporary injunction Friday after attorney William
Summers, representing the WADC, filed a complaint with the court, stating Sutherlins LLC was
unlawfully claiming ownership over the depot and an adjacent building at Two Station Plaza. The
other building has been leased to JLSS LLC by the WADC since September 2003 for a Stateline Big Time
Coffee Shop, a video lottery establishment.

Attorney Justin Hardman, who is representing Sutherlins LLC, could not be reached for comment
Tuesday.

Summers said Tuesday a scheduling conference needed to be set to address the situation.

JLSS LLC has 30 days to respond to the WADC's initial complaint filed in Wood County Circuit Court
last week, Summers said.

WADC acquired ownership of the depot from CSX in March 1990. It acquired ownership of the second
building from Frank Tacy in December 1992.

On Dec. 31, 1992, the WADC entered into a land lease agreement with CSX to lease the land beneath
the buildings.

Summers said it was common for CSX to retain rights to the land in case it would need it in the
future.

In March 1993, the WADC applied to the West Virginia Department of Transportation for federal funds
under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA).

The WADC spent $254,000 of ISTEA funds and a total of $362,000 to restore the depot.

Since restoration the depot has served as a gift shop and tourist information center.

The WADC was considering leasing the building to the Veterans Museum of the Mid-Ohio Valley
Association to serve as a memorial museum, Summers said.

"It is our position, the building should not be moved," Summers said. "It is the only historical
train depot left in Wood County.

"The taxpayers' money was spent renovating it for a community purpose. It would degrade the whole
purpose of the building if it fell into private hands for private use or if it was destroyed."

Summers said the veterans museum would be a more fitting use of the building than to have it torn
down.

According to the complaint filed by Summers, JLSS, LLC is claiming ownership of both buildings after
purchasing the land from CSX.

"CSX could not sell either building because it had severed ownership from the land by previous sale
to WADC and Frank Tacy," the complaint said. "Sutherlins was not a bona fide purchaser of (the
buildings) without notice of WADC ownership."

On May 6, Hardman wrote to the WADC claiming to be the new owner of the buildings, terminating the
lease between WADC and CSX and demanding the WADC cease the collection of rent from JLSS LLC,
according to the complaint. JLSS LLC has not paid rent on Two Station Plaza since April 30.

Summers said JLSS LLC is under notice of eviction with the filing of the complaint.

"My hope is this situation can be resolved through negotiation," Summers said.

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The Railroad Station Historical Society maintains a database of existing
railroad structures at: http://www.rrshs.org

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