A keystone from the late 1800s has sparked yet another legal battle between the developer of a historic downtown Wilkes-Barre train station and adjoining property owner Thom Greco.
Greco and his company, TGRG LLP, already had two pending actions involving Market Square Properties Development LLC’s plans for the 6.36-acre site at the corner of Market Street and Wilkes-Barre Boulevard, which includes a strip mall and former New Jersey Central train station slated for renovation.
Greco and his companies sold this property for $5.8 million in 2006 to the county Redevelopment Authority, which then sold it to Market Square for $1.2 million last June. Greco and TGRG retained the lots that house McDonald’s and Citizens Bank.
The latest action filed in Luzerne County Court last week accuses Market Square of taking a red stone keystone when the company removed a landscape island and flower bed along East Market near the lot leased to Citizens Bank.
The stone is Greco’s personal property and worth an estimated $13,000, his filing said. It said Market Square removed it without his consent and has refused to return it.
The action seeks a judgment in that dollar amount plus costs, interest and attorney fees and any other relief the court deems appropriate, including ordering Market Square to return the property.
Market Square property manager Greg Barrouk said Monday the stone was safely deposited in front of the train station, and Greco is free to pick it up any time.
The stone, which says “Wilkes-Barre city school” with the date 1894, had to be removed to construct a new road through the complex that will replace a bumpy one and include more lighting and trees, said Barrouk. The stone had been largely hidden by shrubs when it was removed, he added.
The keystone was saved because it appeared to be of local interest, although Barrouk was unaware of any school connection to the property.
“We want to preserve history, not destroy it, as you can tell with the millions being invested in this site,” Barrouk said. “Everything we’ve done here is only to enhance the property, including Mr. Greco’s property.”
Barrouk said the filings by Greco/TGRG to “block” Market Square’s plans have become frustrating.
“We have not even owned this a year, and he has filed multiple suits,” Barrouk said. “I think he forgets he sold the land for nearly $6 million. He’s not the owner anymore.”
The first legal action maintains Market Square is not permitted to construct a Burger King at the site due to a no-competition covenant. Market Square filed a counter-action arguing this covenant was implemented without authority and should be declared unenforceable.
The second Greco and TGRG action appeals the Wilkes-Barre Planning Commission’s approval of a reverse subdivision and development plans. Greco and TGRG said in court filings the plans violated an easement agreement and reduced parking for Citizens Bank. The commission has objected, arguing the Greco/TGRG appeal was filed too late and that nobody was denied an opportunity to weigh in on the plans before a decision was made, filings show.
Market Square is investing $7.5 million to $8.5 million in the property, which had deteriorated under authority ownership, said Barrouk. Representatives of Citizens Bank have expressed support for the site enhancements, and Market Square is not objecting to the bank’s addition of handicapped parking spots on Market Square property, he said.
Greco and lawyers from the Donald G. Karpowich firm in Butler Township who filed the latest action could not be reached for comment Monday.
