Legal battle brewing over Innerbelt Bridge property

CLEVELAND -- Innerbelt Bridge drivers know the Cleveland Cold Storage building as the one with the big billboards.

It may wind up in a big legal battle. 

The State of Ohio needs to acquire the building for the Innerbelt Bridge project.

But building owner Fred Finley claims his fight to get a fair price has left him in financial ruins.

"I've lost my house. Financially, words don't describe it. Before I came to see you, I had to pay an electric bill to make sure my power was not shut off, " Finley said.

Six years ago, Finley hoped to convert the empty food storage building into condominiums. It's located in the trendy Tremont area. Then-Mayor Jane Campbell was a big supporter of the plan. 

He spent lots of money paying architects, lawyers and financial advisors.

The state had sent him a letter, saying it did not need his building for the bridge.

But about a year after that, the state sent another letter with an about-face message. The building was now part of the proposed bridge footprint.

"They said they needed it. We had to stop." said Finley. 

For four years, there have been meetings, delays and offers but no 'done deal.'

This summer, city building inspectors found violations and condemned the building. Finley says the building is solid and complains that other buildings not part of development project footprints are not inspected. 

The state just offered $4.5 million. But it had an expiration date on the same day the building was sold at a sheriff's auction because of unpaid liens and taxes.

"What kind of offer is that?" asked Finley.

The building was sold to businessman Tom Embrescia, who owns the firm that makes money from the building's billboards.

Finley said he and the state are about $3 million apart. He wants to be paid for the building's best-use value, not for an empty pile of bricks. And he wants compensation for money lost because of the state's about-face.

State Transportation Department spokesman Scott Varner says the state believes its appraisal and offer are fair and is trying to protect taxpayers.

Two Congress members back Finley. Congresswoman Marcia Fudge is a friend.

She says, "He's not being treated fairly. From an ethical and moral point of view, the state has an obligation to treat him right. Clearly, there has been some discrimination."

Fudge and Finley say he is the only African-American property owner in discussions with the state on this project.

Congressman Dennis Kucinich's office has helped advocate for Finley and intends to support him in any court case.

Kucinich said, "There is no question Mr. FInley has gotten a raw deal. He has not received due process. This entire situation is beginning to get very murky."

The state is poised to use eminent domain to acquire the building.

It's shooting for a  target date of March, 2011 to begin bridge construction.