Lawsuit filed over proposed sale of historic Monon Center
WAYNESBURG – Monon Center Inc. filed a lawsuit Tuesday in Greene County Court claiming Greensboro Borough breached a contract of sale for the historic Monon Center building.
The lawsuit claims the borough agreed to sell to Monon Center Inc., a non-profit corporation, the property of the former school building but then changed the property description after an agreement was reached.
The building was constructed as a public school in 1903 but was abandoned in the mid-1960s and given to the borough. The borough in 1974 deeded the property to Monon Center Inc., which used the building to house a museum.
After the building remained unused for several years and showed signs of deterioration, the borough, in 2007, filed condemnation proceedings with the court to reclaim the property with the hope of restoring the building and putting it to use as a community center.
The borough, however, was unable to receive the grant money required to restore the building for public use.
According to the lawsuit, borough council at a meeting in March 2014 approved a resolution to sell the property to Monon Center Inc. for $35,000. Monon accepted the offer of sale Sept. 12.
However, at a council meeting Oct. 7, it was stated council was planning to subdivide the property, the complaint said. Despite “multiple objections” expressed by the Monon Center, council continued with plans to subdivide the lot. Council then voted at its Feb. 3 meeting to rescind the March 2014 resolution to sell the property to the Monon Center, the complaint said. Two days later, the borough sent the Monon Center a sales agreement for the property.
The Monon Center alleges the borough breached the contract of sale by “unilaterally rescinding” the resolution and by changing the description of the property after the contract had been agreed to last September.
The complaint also maintains the borough’s plan to subdivide the property would violate the requirements of the Greene County Subdivision and Land Development Ordinance in regard to the property size, off-street parking and other requirements.
Monon is asking the court to order the borough to sell the property to it at the amount paid in the eminent domain action, $31,700, less the court-ordered costs for building improvements.
Kevin Clancy, attorney for the Monon Center, could not be reached for comment Thursday to discuss the complaint or what the non-profit’s current plans are for the building.
Mary Shine, council president, and Kim Pratt, borough solicitor, both said Thursday they have not yet seen the Monon Center’s complaint.
Shine said council earlier voted at a meeting to sell the building to the Monon Center. However, Monon representatives apparently assumed that meant the building and the entire property, she said.
The borough wanted to sell the building as well as some of the property surrounding it but also keep a portion of the lot which is vacant land and is the site of a log cabin, she said. The borough only recently sent the center a sales agreement for the property, but received no response, she said.