WESTOVER – The administrative and legal processes involving the former Westover Elementary School building on Morrison Street have run their course.
During Monday’s regular meeting of Westover City Council, Public Works Director Jason Stinespring said the issue is now down to who will end up demolishing the structure – the city or Vic Solomon, the building’s owner.
The matter at hand dates back to July of 2023, when the city contacted Solomon to request permission to enter the long-vacant building to conduct an inspection to ensure the structure was compliant with code standards of maintenance and condition.
The grounds for the inspection were due to the structure being vacant for at least 15 years and the visible state of the exterior, which had fallen into a state of serious disrepair.
The inspection request was refused.
So, in August of 2023, an administrative search warrant was issued allowing Stinespring and Bill Kennedy, with Westover Code Enforcement, to enter the property.
According to court documents, Stinespring’s inspection cited, among other things, that a large amount of water was entering the building, causing the floors to rot and buckle. Further, it was noted loose bricks on the building’s exterior presented a safety hazard.
Following the inspection, the city attempted to broker a deal with Solomon whereby he would deed over half of the property containing the school and the city would take responsibility for its demolition, but the sides were ultimately unable to reach an agreement.
As a result, a 30-day notice to show proof of a contract for asbestos removal and demolition was issued by the city in October of 2024, with Stinespring writing, “Due to the dilapidated conditions in the building, the structure poses a serious danger to any first responders that may need to enter, as well as anyone entering the structure for proper or nefarious purposes.”
Solomon requested a hearing before the Westover Board of Zoning Appeals, stating he didn’t believe the building needed to be demolished.
The BZA met on Jan. 30 and voted unanimously to deny the appeal of the October order to tear down the building, giving Solomon 60 days to comply or 20 days to appeal the ruling in Monongalia County Circuit Court.
While an appeal was filed in circuit court in May, Judge Michael Simms ultimately dismissed the case on Sept. 22, noting the appeal wasn’t filed in a timely manner and did not “set forth any legally cognizable claim upon which to base such an appeal.”
Stinespring confirmed that if the city is ultimately forced to tear down the 13,187 square-foot former school, it will result in a lien being placed on the .71-acre property.
