NEWPORT — This bus might be about three years late. Cincinnati attorney Robert Manley, who is contesting an eminent domain case for the owners of a piece of down town Newport property, said he might still be battling the Transit Authority of Northern Kentucky (TANK) three years from now.

        “Our position, the position of the (William) Fennell family, is that TANK and Campbell County cannot use eminent domain to take this property,” the well-known property rights attorney said. “We'll fight this until TANK comes to its senses.”

        TANK wants the property, which includes the building where the Fennell family's Challenger Piping Co. building is located and some auto repair businesses adjacent to it, to build a bus transfer center.

        The land runs from the northeast corner of Fourth and York streets east about halfway down the block on Fourth, directly across from the World Peace Bell.

        Campbell County Fiscal Court is involved because the court gave TANK the right as a government authority to use eminent domain to obtain the property. The petition for condemnation, the first move in the eminent domain process, was filed in Campbell Circuit Court on April 10.

        In answering the action for the Fennell family, Mr. Manley claimed that the real reason for TANK going after this particular piece of land is to aid Fort Thomas businessman Wayne Carlisle in his efforts to develop the area round his World Peace Bell.

        In a court filing, Mr. Manley said Mr. Carlisle and a “well-connected group of real estate developers” injected themselves into downtown Newport with a development plan that included the Millennium Monument Tower, which Mr. Manley categorized as “a fantastic yet implausible project.”

        In his action, Mr. Manley said the developers used the Millennium Monument project as justification for the acquisition of surrounding property, including the Fennell property. Mr. Manley said his client, Mr. Fennell, turned down an offer from Mr. Carlisle. Unable to purchase the property outright,

        Mr. Manley argues, Mr. Carlisle's next step was to have TANK seek the property by condemnation for its transfer center.

        The Millennium Monument, first proposed as a 1,000-foot attraction akin to Seattle's Space Needle almost four years ago, is still on the drawing board, but backers said last spring they are no longer actively pursuing it because of the economy.

        Mr. Carlisle, former owner of Carlisle Construction, has steadfastly refused to discuss the matter since Mr. Manley's action was filed.

        TANK general manager Mark Donaghy has repeatedly stated that the transit company has no link with Mr. Carlisle or any developer and the Fourth and York site was selected because it was the best location for the transfer center.

        “That makes no sense,” Mr. Manley said. “There's a large open lot less than two blocks away, owned by the city of Newport, that would serve perfectly for the transfer center without taking anyone's property.”

        TANK spokeswoman Gina Douthatt said the transfer center and the court battle will probably be discussed at the next TANK board of directors meeting, Nov. 10.

        “I hope (directors) decide to change their minds,” Mr. Manley said. “My client sees this property as a site for future development. The land has been in the Fennell family for generations, and now their investment will likely pay off. No one should be able to take that away from them.”

        The Fennell property is two blocks from the recently opened Newport on the Levee entertainment complex.

        TANK officials said last year that the transfer center would cost at least $2 million, and the transit company has been seeking federal grant money to add to the $1 million pledged to the project by Campbell County. So far, no grants have been obtained.

        TANK's current transfer station is in Covington. The Transit Authority wants a transfer station in each county.

        The three commissioners appointed by Campbell Circuit Court Judge William Wehr as part of the eminent domain process to determine the fair market price of the Fennell property came up with a figure of $3,447,000, which was more that TANK officials had expected.

        Mr. Manley said no new court hearings are anticipated soon.Ù “I could still be standing in the way of this project three years from now if TANK doesn't take a different direction,” he said. “I'm ready to take this as far as necessary.”

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