Bowers Development wins eminent domain battle for parcel pitched for Wynn Hospital plan
The state’s Supreme Court, appellate division, has ruled that the Oneida County Industrial Development Agency (OCIDA) cannot use eminent domain to secure the 411 Columbia St. parcel in Utica on behalf of the Mohawk Valley Health System (MVHS).
The court, in a decision dated Friday, Dec. 23, stated OCIDA did not have the right to take the property.
“We agree with petitioners that OCIDA lacked the requisite authority to acquire the subject property,” the decision reads, in part.
Syracuse-based Bowers Development and Rome Plumbing & Heating Supply, Co. were the petitioners, with OCIDA and Central Utica Building, LLC were the respondents.
Bowers officials said the decision was decided 4-1 by a five-judge panel.
How we got here
The OCIDA voted Aug. 20, 2021, to have staff look into the legal right to use eminent domain to acquire the property, which is currently home to J.P. O’Brien Plumbing and Heating and is within the footprint of Wynn Hospital in Downtown Utica.
A public hearing on the proposal was held Feb. 24. Only a handful of people spoke, with an almost even split for and against the proposal.
The hearing was held open for comment until March 30.
In April, OCIDA voted to move ahead with the use of eminent domain for the property.
Bowers Development signed a purchase agreement for the Columbia Street property before the use of eminent domain was discussed.
“We were extremely pleased with the decision to nullify the Oneida County Industrial Development Agency’s (OCIDA) action to take the 411 Columbia Street property by eminent domain,” said Bryan Bowers, president and owner of Bowers Development.
In a statement released Tuesday, Bowers said:
“It has always been our contention that taking private property from one developer to give to another developer was highly unethical and OCIDA did not have the authority to perform such an action. The New York State Supreme Court clearly agreed with our position. At this time, we are excited to move forward with our proposed medical office building plans and continue to remain optimistic that we will be able to meet with MVHS to engage in collaborative discussions relative to enhancing the development of the downtown area surrounding the new Wynn Hospital.”
Hospital plans
Hospital officials routinely have said the Columbia Street property is imperative to the plans for a Medical Office Building (MOB) that have been in the works for years.
Darlene Stromstad, MVHS president and CEO, said earlier this year the hospital system was extremely grateful to OCIDA and the Central Utica Building (CUB) — a group of local physicians who came together to develop the MOB — for moving ahead with the eminent domain proposal, in a statement on the eminent domain process earlier this year.
The parcel in question in the court's decision was for a parking area for use with the MOB. The hospital broke ground on the MOB parcel earlier in December.
Both hospital and OCIDA officials said they are currently reviewing the court’s decision.
This article originally appeared on Observer-Dispatch: Bowers wins eminent domain case for parcel in Wynn Hospital plan
