Downtown Property Owners Subpoenaed in PARTA Land Case

Ahead of next week's jury trial, attorneys for the have subpoenaed several prominent downtown Kent property owners as they work through the eminent domain process to buy the building.

The car parts building is one of several properties crucial to construction of PARTA's new $26 million transit center. after the business owners, Tony and Carolina Difiore of TD & CD Kent LLC, rejected PARTA's initial $450,000 offer for the property.

Attorneys for PARTA subpoenaed Ron Burbick, owner of the Acorn Alley and Phoenix Project properties, and Jim Arthur, the owner of TransOhio Properties, according to court records.

The subpoenas call both men to appear in court Thursday, but Burbick said he would be in Florida on personal business next week. Arthur also is scheduled to be out of the state next week, so it's unclear what effect if any their absence would have on the eminent domain case.

"I can’t imagine my testimony would be of any advantage to them,” Arthur said.

The trial is set to start Wednesday at 9 a.m. in Portage County Common Pleas Judge John Enlow's court. The trial was set to start in December, but after the Difiores' attorneys submitted information on recent purchases in the downtown area.

Arthur recently sold two parcels to the city of Kent — a small parking lot on Erie Street and a building on South Water Street — as part of the city's planned redevelopment project. Burbick recently bought several parcels for his planned extension of the Acorn Alley retail development.

Initially, the owners of the car parts store struggled to find a suitable location to move to in Kent. But, according to court documents, the Difiores have found a new location for the store at 108 W. College Ave., the former NAPA parts store location.

PARTA has approved bids for the cost of relocating the store a few blocks west of its current location downtown.

The jury will consider two issues next week — the fair market value PARTA should pay for the car parts property, and if PARTA should pay any damages to the Difiores for actual economic loss related to the land acquisition and forced move.