This week, the former proprietors of a car dealership are suing Harrisburg, claiming the city defrauded them by eminently acquiring their property.
The Brenner Motors site, which contains a main commercial building and other duplexes off Paxton Street, which has been the city’s public works building since 2013, was valued at a respectable amount, according to the city.
Even if the private owners are unwilling to sell, the government may appropriate private property for public use under the Fifth Amendment. The government must, however, fairly compensate the private owners for their take.
The main topic of discussion in Dauphin County Judge Jeffrey Engle’s courtroom this week is what constitutes fair compensation for the Brenner property.
Harrisburg purchased the property from Brenner Motors in 2019 after renting it for a number of years. The Brenner family received $2.2 million for the property located at 1812 Paxton Street and its associated properties. For the purchase, the city had set aside $2.5 million.
Since at least 2017, city officials had been attempting to purchase the property from its owner, Michael Brenner. A disagreement over rent payments ultimately resulted from the two parties’ inability to agree on a price.
Since his death, Brenner’s son, Sam Brenner, has continued the legal battle.
The Brenner family engaged two independent appraisers to determine the properties’ worth after Harrisburg seized them. The property was valued at $5,630,000 by Walters Appraisal Services, Inc. and $5,330,000 by Appraisal Review Specialists.
Mid-Atlantic Valuation Group completed the city’s appraisal and determined that the property was worth $2,243,000.
The Brenner family’s attorney, Anthony Corby, informed jurors Monday morning that the properties’ worth depended on the land’s highest and best use.
Even if the land’s present private owner isn’t using it to its full potential, that measurement indicates the property must be valued at the maximum amount feasible, according to Corby.
In contrast, Harrisburg contends that the facility had been unoccupied and unoccupied from 2008 to 2014 until the city’s public works department started renting it out.
When speaking on behalf of the city, James Sargent stated, “This is a perfect example of repurposing a property that was otherwise not being used.” For whatever reason, the plaintiffs failed to sell the property despite having eleven years to do so.
According to Corby, the city’s appraisers ignored a number of elements that contribute to the property’s greater valuation.
These variables include the site’s closeness to I-83, the quantity of square footage front a roadway, the fact that the majority of the property is pavement, and the property’s suitability for vehicle storage.
According to Corby, the site sees almost 300,000 automobiles each day. Additionally, there are eighteen garage bay doors on the property that include car lifts for servicing vehicles.
According to Brenner’s lawyer, Harrisburg’s valuation only took into account one local car dealership’s worth, whereas theirs took into account the worth of six.
Corby told jurors that what the city appraiser doesn’t say is more telling than what he says.
Sargent retorted that the extra evaluations took into account buildings that were completely different.
The City of Harrisburg does not wish to pay a single penny less than the property’s value, Sargent said. However, it refuses to pay an additional dime.
Jurors will be asked to estimate the property’s fair market worth just before the city takes it, and the trial is expected to last two to three days.
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Jonathan Bergmueller
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