The Brewery, Canyon Pizza ‘saved’: State College’s council reverses course on eminent domain
After two weeks of unprecedented blowback in State College Borough — from a 5,000-signature petition to hundreds of angry messages across social media — Borough Council voted Monday night to reverse course and no longer pursue eminent domain on the Beaver Avenue property that includes businesses such as The Brewery and Canyon Pizza.
A standing-room-only crowd in the Municipal Building exploded in applause when Borough Council announced about 40 minutes into Monday’s council meeting it would vote on the matter, clearing the way for council members to later formally — and unanimously — repeal the Aug. 7 resolution that allowed officials to pursue eminent domain at 219 E. Beaver Ave. for a parking garage.
A second property at 142 McAllister St., which holds a rental house, was not addressed in Monday’s vote, and eminent domain continues to be pursued there. Still, much of the outcry involved the Beaver Avenue property that houses the businesses — The Brewery, Canyon Pizza, Canyon Wings, Music Mart — and nearly all of the comments Monday night addressed them and/or thanked council.
“I just wanted to do something y’all probably don’t hear very often and say thank you,” one resident told council during a public comment session that lasted more than 90 minutes. “You’re doing a good job tonight.”
Added Councilman Gopal Balachandran: “This is kind of how democracy is supposed to work.”
Resident after student after community member took time to let the borough know Monday how much The Brewery meant to them. One woman remembered a visit there on her wedding day. A man recalled proposing to his wife there. Another man shared how the regulars there helped him through hard times, and how he returned the favor.
Kirk French, an assistant Penn State anthropology professor who teaches a class on beer, labeled the bar that’s stood downtown since the 1960s as irreplaceable.
“A bar like this is a staple of the community and has been for decades,” he told council. “You can’t replace that vibe. You can’t replace that energy. It comes from its location; that’s where it comes from. The history is stored in those walls, and it can’t be removed.”
The community made its opposition to eminent domain known shortly after an Aug. 7 council meeting that took many by surprise. Although the agenda was posted at least three days before the meeting, words like “eminent domain” were not used there and the property owners were not informed ahead of time. Council members expressed shock — and chided officials — for owners’ lack of notice, but still opted to move forward with the eminent domain process.
Ray Rockey, a co-owner of The Brewery and the group that owns the building, told council members on Aug. 7, “That’s not how America’s supposed to work.” By the next day, community members had organized on social media and many expressed anger via email. Council members defended their choices — only two opposed the measure — but eventually relented.
Council President Jesse Barlow acknowledged he changed his mind around Thursday, after reflecting on how much the businesses, especially The Brewery, meant to the community. Community members slapped Rockey’s shoulders after Monday’s vote, and the co-owner seemed stunned in the immediate aftermath.
“We appreciate all the support,” Rockey said Monday night, adding he was told right before the council meeting that the vote might be added to the agenda. “We realize we were just the ones being attacked right now, and everybody could see this potentially happening to them down the road. So, hopefully, this will prevent something like this from happening again the future.”
Again, eminent domain is still being pursued at the McAllister Street property owned by Rodney Hendricks. But borough manager Tom Fountaine couldn’t say at this early point what the borough might do next.
State College still needs to replace the aging 51-year-old Pugh Street Garage — and was advised to build a new structure before demolishing it — but it’s unknown where that next potential parking garage location might be. Fountaine told the CDT another possibility would likely be introduced to Borough Council sometime next year, and he couldn’t yet say whether the borough might still try dealing with The Brewery building owners outside of eminent domain, or the right of a government to take private property for public use (with compensation).
Council member Janet Engeman offered a similar reminder to the crowd of 102 watching online and the more than 100 inside the Municipal Building.
“I just wanted to point out that we still have to figure out what to do about the parking situation,” she said. “So bear in mind that this is not over. It’s over in terms of what we’re doing about that particular property, but we are going to have to find some place to work out the parking problem.”
Community residents still largely took Monday’s reversal as a win. Some stood and clapped after the unanimous vote, while a melting pot of supporters openly cheered. Some sported multiple piercings; others eyeglasses. Some wore T-shirts; others polos and button-downs.
The crowd attending Monday’s council meeting grew so large that about a dozen supporters leaned up against the wall near the exit, while a handful sat on the floor with crisscrossed legs. Nearly two dozen people signed their names to a sheet, signifying their desire to speak publicly Monday, but some opted not to talk after Borough Council already seemed intent on reversing their prior decision.
“The outreach from people, it’s hard to put words to,” said Jay Horgas, who co-owns The Brewery with Rockey. “I’ve not been in this situation before. Rockey and I, we were both kind of looking for Kleenex as people talked about their stories.”
Council members took turns thanking the public for their interest and emphasizing they made a difference with their actions. They hoped this might lead to a turning point when it came to local government’s relationship with the community.
“We thank you for engaging, and please keep engaging,” Council Member Deanna Behring added. “We have big work ahead of us for this tiny community, so I expect this room to be filled like this for the rest of the year at least.”
This story was originally published August 21, 2023 at 9:27 PM.
