Wild Escape Theme Park: Alpha Mike Foxtrot?

It’s Screamscape. Maintained by Lance Hart. From Charlotte, North Carolina. The self-proclaimed, “Ultimate Guide to Theme Parks”. Others agree. “Screamscape is the best theme park news and rumors site that covers the major Orlando theme parks of Disney World, Universal Studios, and Sea World. … Started in the Internet’s early days of 1997 by Lance Hart, Screamscape has been a trusted source of news and rumors about Orlando theme parks and attractions, mostly getting them right months in advanced prior to them being announced by the major theme parks.” The story was “Best Theme Park News and Rumors Site is Screamscape”. At the Orlando Local Guide. By Scott Baker. On July 25, 2011. Theme Park Geekly recently called Screamscape “the definitive theme park news and rumor website.” The story was “What It’s Like to Be Lance: The Man Behind Screamscape”. Posted on October 25, 2011. What’s that have to do with Wild Escape? Well. Since first announced, Wild Escape has appeared at Screamscape. As a Proposed New Park. It remained listed with updates for over 5 years. But Wild Escape was dropped this month. Just disappeared. Alpha Mike Foxtrot for Wild Escape at Screamscape. And one other thing. Remember how Wild Escape lost its storm water construction permit? Needed to build the pad for the park? Up the Highlands? Our story was “Wild Escape Theme Park: Permit Wars”. Well. No one has applied for a new permit for Wild Escape from the Department of Environmental Protection. In over 6 months! What’s it mean? We e-mailed Steve Minard. The developer of Wild Escape. He e-mailed us. Mr. Minard wrote, “We do not have any affiliation with Screamscape. We are in the middle of detailed campus design.” SSDD? Like FoxNews. We report. You decide.

Just Takin’ The Four Lane To Charleston

It was buried on page six of the Intelligencer. “Another Cabela’s For W. Va.” By the AP. On July 29th. It didn’t appear online. But it was repeated that afternoon. On the front page of the Wheeling News-Register. Below the fold. “Cabela’s Opening New Store in W. Va.” “Sidney, Neb.-based Cabela’s said Thursday in a news release that it plans to open an 80,000-square-foot store in the Southridge Centre off U.S. 119 in Charleston. The new store is expected to open in the summer of 2012. … Charleston Mayor Danny Jones says he believes the Southridge store can become one of Cabela’s top retail locations. Acting Gov. Earl Ray Tomblin says West Virginia has an abundance of outdoor activities and enthusiasts. He believes the Charleston store will serve both the company and the community well.” According to the Charleston Gazette, Governor Tomblin “said he met with Cabela's executives earlier this month. Tomblin said the company's decision to open a second store in West Virginia ‘was a testament to our strong economy, vibrant tourism industry and abundant outdoor recreational opportunities.’” The story “Cabela’s to open store at Southridge”. By Eric Eyre. On July 28, 2011. Smilin’ faces all around in that big town.

At the Gazette, we been surpised by a lot of things. Over the last four years. But this takes the cake. Wins the cigar. In fact. It’s down right FUBB! And Ohio County Commissioner David Sims must surely be a little bit galled. Why, you ask? Well. Read our report. “What In God’s Name Were They Thinking?” From March 12th. Last year. Cabela’s Destination Center and its Distribution Center were built with a $35,000,000 grant from the State of West Virginia. A $3,500,000 grant from the Ohio County Commission. And the proceeds from the sale of $93,000,000 in SDEX Revenue Bonds by the Ohio County Commission to Cabela’s. The interest and principal on the SDEX Bonds to be paid by sales taxes generated at the Highlands. Over 25 years. Cabela’s then bought the Destination Center and its 65 acre site from the Ohio County Development Authority for $1.00. But as long as Cabela’s was owed $93,000,000 in SDEX Bonds, Cabela’s wasn’t going anywhere. Cabela’s needed to keep sales tax collections high to repay the bonds and get their money back. Of course, the County gave up that leverage when they agreed to sell SDEX Bonds to the public and repay all Cabela’s bonds. So Cabela’s got all its money back. Now the County has outstanding SDEX Bonds in the amount of $150,580,000. And now. Cabela’s, with Governor Tomblin’s apparent approval, is going to take its Central and Southern West Virginia and Southeastern Ohio customers away from the Highlands. So no need to take the four lane to Wheeling. ‘Cause next year. Cabela’s comin’ to Charleston.

What’s that mean? That means sales tax collections may drop next year at the Highlands once the new Cabela’s opens in Charleston. And reduced sales taxes means the County could have greater difficulty paying the interest and principal on the $150,580,000 it owes in SDEX Bonds. Reduced sales tax collections also means the County could have greater difficulty issuing new SDEX Bond for more development. And reduction in customers at the Highlands means the County could have greater difficulty attracting new retail tenants to the Highlands. How bad could it be? We have no clue. Cabela’s probably knows. But they’re not likely to talk. Ohio County Administrator Greg Stewart “told NEWS9 that the Highlands location gets about 3 million visitors a year. He said he is not worried that the Charleston location will take away business from the Highlands.” The story was, “Cabela's Announces Second Store In West Virginia”. At WTOV-TV. Channel 9. On July 28th. That’s reassuring. And at the Gazette, we hope Mr. Stewart’s right. But we’re still a little worried. So we’ll have to wait until next year to find out. In the meantime. Who’s to blame? We’re thinkin’ Ohio County Commissioners David Sims, Randy Wharton and Tim McCormack. They paid Cabela’s back on the $93,000,000 in SDEX Bonds. Cabela’s can now open a new store in Charleston. And the State of West Virginia be collectin’ the sales taxes that used to go to the County. Gotta love the Gov. Earl Ray, ain’t no dummy. And Greg Stewart? Reminds us of Snidely Whiplash. “Curses! Foiled Again!”

West Virginia Interstate 70: A Big Snafu?

We are a nation of laws. You hear it all the time. And it didn’t start just yesterday. There was that famous Greek. What’s his name? Oh, yeh. Aristotle. Aristotle said, “Law should govern.” According to Wikipedia, “In 1776, … Thomas Paine wrote in his pamphlet Common Sense that ‘in America, the law is king.’ … In 1780, John Adams (our future first, but not last, one-term president) enshrined this principle in the Massachusetts Constitution by seeking to establish ‘a government of laws and not of men.’” Wikipedia has a whole article called, coincidentally, “Rule of Law”. What the point? And what’s it have to do with I-70? Well. It’s just that … At the Gazette, we’d a thought government would follow the law. Wouldn’t you? So, when the State Road Commission, the proverbially 900 pound gorilla, with lots of federal money, and all the best lawyers, took land for I-70 back in ‘65 & ‘66, you’d think they would have done it right. Let’s face it. How hard can it be? With all that federal money flooding Ohio County. All those high-paid lawyers. Steamrolling over the folks. And their homes and farms. How hard can it be? All you have to do is read the statute. Or your high-priced lawyers read the statute. And then you do what the statute says to do. It’s the statute, stupid!

What statute? W. Va. Code Section 17-2A-17. It says a lot of stuff about getting land for state roads. But it also says, “Such real property may be acquired in fee simple or in any lesser estate or interest therein, except in the case of a public road the right-of-way only shall be acquired.” What’s that mean? We talked to a lawyer. Getting land in fee simple means you get it all. The whole ball of wax. The whole nine yards. The whole shootin’ match. The whole shebang. And our favorite. The whole enchilada. And that enchilada includes mineral rights. Natural gas, baby! What do you get with a right-of-way? Well. The right to build and maintain a road. Like I-70. What don’t you get? The rest of the enchilada. The right to use the land for non-highway purposes. Like building, maintaining and draining storm water ponds for a retail development. You also don’t get mineral rights. Who gets the rest of the enchilada when the state takes the right-of-way? The original owner. We’ll say it again. The original owner keeps ownership of the non-highway uses and the mineral rights. And that statute was in force back in ‘65 & ‘66. It was passed in 1963. Check out 1963 W. Va. Acts 760. On page 766, Article 2a, Section 17. The same. As current W. Va. Code Section 17-2A-17.

But never mind the statute. Never mind that rule of law thing. Never mind that high-priced lawyers should read statutes. Never mind that government should follow the law. The State Road Commission (now called the Division of Highways or DOH) took the folks’ land for I-70 with fee simple deeds back in ‘65 & ‘66. Not by right-of-way as required by the statute. How many folks? We don’t know? We only know about 3 deeds. State Road took 15.65 acres from John Henry Stanton and Martha Stanton by fee simple deed on March 24, 1965. State Road took 8.45 acres from Mary Catherine O’Brien, Frank L. Heil and Lucille J. Heil by fee simple deed on November 10, 1965. And State Road took 0.076 acres from John Duggan, Anne Duggan, Stanislaw Dziedsic and Theresa Dziedsic by fee simple deed on July 25, 1966. We began investigating after hearing a rumor DOH refused to lease Chesapeake Appalachia the gas rights for some land under I-70. Land State Road got by fee simple deed. We also discovered last year the Ohio County Development Authority bought some of that land. To expand Lot 13. Land State Road got from the Stantons, Duggans and Dziedsics by fee simple deed back in ‘65 and ‘66. OCDA paid DOH $920,000 for 4.08 acres. Here’s the deed dated October 18, 2010. But DOH did not give OCDA a fee simple deed. DOH only gave “without warranty, all of its right, title, and interest” in the land.

So, what’s it all mean? At worst? State Road probably only got rights-of-way for a highway with the unlawful fee simple deeds. The non-highway uses and mineral rights probably stayed with the Stantons, O’Brien, Heils, Duggans and Dziedsics. Or anybody else whose land was taken by State Road with a fee simple deed for I-70. We’re guessing that would be the position taken by DOH. At best? God be with us! The unlawful deeds were invalid. DOH doesn’t hold title to the land beneath I-70. And DOH may now need to purchase or condemn the land. At current value and pay rent for using the land since ‘65 or ‘66. Likely with an offset for the present value of the prior purchase price. What’s the current value of I-70? Well, it just so happens, OCDA recently paid $67,000 for 1.68 acres of controlled access right-of-way adjacent to the Highlands. Here’s the deed dated December 15, 2010. That makes the current value of I-70 … drum roll please … $39,880 per acre. Real money, eh? We’re thinkin’ this mess be going to the West Virginia Supreme Court of Appeals. Maybe even the big boys in Washington. The United States Supreme Court. So if dad and mom or granddad and grandma sold land to State Road for I-70, you just might want to look at the deed. If’n it says “fee simple”, you might want to consult a lawyer. ‘Cause there’s natural gas under that there highway. And it should belong to the folks. Not to DOH.

What about that 4.08 acres bought by OCDA? Hard to tell. OCDA could already have bought the non-highway uses and mineral rights from the Stantons, Duggans and Dziedsics. In an earlier purchase. If not, OCDA may have paid $920,000 and only got a right-of-way. The Stantons, Duggans and Dziedsics may still own the rest of the enchilada. And the rest of the enchilada could be worth mucho dinaro. They may want to consult a lawyer. And. As if we really needed something else. Part of the 4.08 acres was taken in a condemnation proceeding by DOH for a right-of-way. From John and Diane Stanton on October 18, 2005. For public road purposes. Here’s the Final Order from the Ohio County Circuit Court. Can DOH sell land taken by eminent domain that was needed for public road purposes just 5 years ago? We don’t have a clue. But it seems a little unfair. DOH condemned the land for public road purposes for about $5,000 an acre. And then sold the land for private development for about $225,000 an acre 5 years later. Also can OCDA sell land taken by the DOH for public road purposes just 5 years ago? To a private party? We only have a little clue. W. Va. Code Section 54-1-2(a)(11) prohibits the taking of land to give to a private party. Can DOH take land for road purposes and sell it to the OCDA to sell to a private party? That’s the $64,000 question. Who knows? The West Virginia Supreme Court of Appeals. Which brings us back to the rule of law. And a big snafu? You bet your sweet bippy? Like FoxNews. We report. You decide.

Debt Tree Keeps On Growin’ Up The Highlands

Hear ye, Hear ye, Hear ye! In March, the State Auditor’s Office released the audit reports for the Ohio County Commission and the Ohio County Development Authority. For fiscal year 2010. That’s the one that ended on June 30, 2010. What’s the trend? We already knew. Same old, same old. That debt tree keeps on growin’ up the Highlands. Even with all that gas lease money. Numbers are posted to the right. But words of caution. The numbers are nearly eleven months old. Partly our fault. They’re as of June 30, 2010. They probably changed. Also, the bonds and bond anticipation notes were issued by the OCC. Not the OCDA. The credit line and notes belong to the OCDA. And two trends are also shown this year. One trend is to sell land to another governmental agency to be repurchased in better times. One sale was land at Phase V to the West Virginia Economic Development Authority for $5 million. Another was to the OCC for $6.2 million. The other trend is for the OCC to advance money to the OCDA. And pay the wages of OCDA employees. What are the total payments from the OCC for the Highlands as of June 30, 2010? Looks like $8,568,356.00. That’s a lot of money. Gas lease and tax money. Could have been used to reduce everyone’s taxes. But you know Moe, Larry and Curly. And Shemp. Tax and spend it on the Highlands! It’s all in the audits. Along with the assets. And rent revenues. All there for the intrepid to read. Or Wrath or EllisWyatt. Good hunting boys!

Wild Escape Theme Park: Permit Wars

It’s from the Ohio County Commission. Called the Quaterly Disclosure Questionnaire. For December 31, 2010. For the County’s SDEX Bonds. Posted online at the Municipal Securities Rulemaking Board: EMMA. On March 8, 2011. Look at Paragraph 8D. It states there have not been any “legal challenges to the construction of the Public Improvements or the Development.” WTF? How ‘bout that landowner next to Wild Escape? Oh, it’s at the bottom. Paragraph 10. “One landowner who owns hillside adjacent to the district continues to threaten legal action unless the Authority purchases the property at the landowner’s price. The Authority has no interest in the land. The same landowner has filed a lawsuit in the Ohio County Circuit Court against the County Assessor and the County Commission. The landowner’s property does not lie within the district and the outcome of this case should have no material effect on the Authority.” Threaten legal action? These boys gonna be payin’ royalties to George Orwell. They forgot that appeal to the West Virginia Environmental Quality Board. Over the Storm Water Construction Permit for Wild Escape. Our story was “Cry, Havoc! And Let Slip The Dogs Of War”. Ain’t that there a legal challenge? Maybe they just figured the appeal was a loser. Think again boys! Here’s the Board’s Order Granting Appellant’s Motion for Summary Judgment. Posted online at the Environmental Quality Board. The EQB vacated the Storm Water Construction Permit for Wild Escape. What’s that mean? The County needs to get a new permit before startin’ on Wild Escape. More delays. So they won’t be movin’ dirt this summer. And we’re thinkin’ they gonna be updatin’ their bondholders. Hasta la vista, baby!

Wondering About Lamps Up The Highlands

They were hard to find online. Buried under two links. First under “State of the Valley”. Then under “Economy”. On the website for The Intelligencer & Wheeling News-Register. One headline proclaimed, “Stewart Hopes Wild Escape Earth Work Can Begin in Summer”. The story by Shelley Hanson. On February 23, 2011. “Ohio County Administrator Greg Stewart hopes earth work for the proposed Wild Escape Theme Park can begin this summer,” the report declared again. In the first sentence. Then the other shoe hit the deck. “‘If it doesn't happen, we'll still have a destination. We'll keep trying to do something out there,’ Stewart said in reference to the west end of The Highlands, where Wild Escape currently has been proposed.” Wild Escape developer Steve Minard was evasive. “‘We're heavy in the details game at this point. ... There are so many parties involved ... We would love to begin in that timeframe, but we want to do it right and do it right the first time,’ Minard said.” Funny, isn’t it? He’s been working on those details since Wild Escape was announced on July 26, 2006. And Mr. Stewart is lookin’ for sympathy. He’s tired of being kicked in the head. “When you're in here putting your neck on the line trying to get some things done ... it gets hard sometimes after you get kicked in the head for awhile.”

The companion piece was called, “Stewart Details Goals for The Highlands”. Also by Shelley Hanson. On February 23rd. “Greg Stewart has a few goals for The Highlands during 2011 including improving the Ohio County Development Authority's finances, adding more retail tenants and garnering support for a second interchange. ‘We need to start to rally support in Charleston and elsewhere for that second interchange,’ ... which would serve as a second means of entering and exiting the site from Interstate 70 ... ‘Now we just need to start pulling everybody in the same direction.’” There! He hit the nail on the head. That’s been the problem for nearly five years. Not everyone’s pulling in the same direction. That attorney who owns land needed for Wild Escape. He’s been pulling in the opposite direction. To protect his land. Our story was “Cry, Havoc! And Let Slip The Dogs Of War”. Is Mr. Stewart signaling an end to the fight? Or launching a trial balloon? Ohio County Commissioner Randy Wharton seems to suggest as much. Mr. Wharton was quoted saying, “We're going to keep moving forward and try to do things a little different.” We certainly hope so. Cause if the fight continues ... Let’s just say, we’re reminded of a famous quote. From the Summer of 1914. By British Foreign Secretary Sir Edward Grey. “The lamps are going out all over Europe; we shall not see them lit again in our lifetime.”

How Much Is That Doggie In The Window?

Their offer for David O’Brien’s land was only $15,000. Their big law firm threatened him with eminent domain when he wouldn’t take the offer. Ohio County Commissioners Tim McCormick and Randy Wharton refused the deal worked out with Ohio County Administrator Greg Stewart for $900,000. Mr. O’Brien fought back to protect his land sending Wild Escape to development hell. Mr. McCormick claimed it was only worth $210,000 based on an appraisal that lowballed the value. Ohio County Commissioner David Sims posted that $210,000 was $209,000 more than it was worth. It was assessed for only $3,480. But Mr. O’Brien’s appraisal was for $1,037,000. In 2008, Ohio County Assessor Greg Kloeppner found its fair market value was $829,100. How much is that doggie in the window? Today? Current Ohio County Assessor Kathie Hoffman has spoken. Ms. Hoffman determined the land has an assessed value of $578,880. That means the fair market value is now $964,800. It’s time to end the drama boys. And the lawsuits. It’s hurting Ohio County. You’ve got political cover. Mama Hoffman set the price. Take some of that natural gas lease money. Pony up to the table. And buy the land for $964,800. Then build another access road to the Highlands. And Wild Escape!