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High Court Clears Path for Civic Center Construction (September 16, 1974)

9/15/2025

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​Today in Wheeling History: September 16--The West Virginia Supreme Court rejected a petition by city employees James R. Kucera and Robert J. Haberfield opposing construction of the Wheeling Civic Center, clearing the way for the $9.2 million project (1974).
 
The September 16, 1974, Supreme Court decision marked a pivotal moment in Wheeling's modern development history. James Robert Kucera, president of International Association of Fire Fighters Local No. 12, and Robert J. Haberfield, an officer in Fraternal Order of Police Lodge No. 38, had filed a petition seeking to halt further spending on the proposed $9.2 million Wheeling Civic Center. The employee groups had circulated a petition during the summer of 1974, arguing that money was being "squandered" on a project with "no realistic chance" of being completed.
 
Their attorney, Jolyon W. McCamic, had attempted to bypass lower courts by filing directly with the state's highest court, seeking a writ of mandamus to force city council either to pass a spending halt ordinance or submit it to voters. The petition named all nine councilmen as defendants and contended that council had violated city charter provisions by refusing to take action on an ordinance spelled out within a petition certified as bearing sufficient signatures from qualified voters.
 
The Supreme Court's 4-1 rejection "without comment" removed what city officials called "one of the last major stumbling blocks" to the project. The decision enabled the city to proceed with bond sales to finance the project, which had been proposed in February 1973 and approved by city council in April 1974. Construction began in September 1975, and the civic center opened April 19, 1977, with a Doobie Brothers concert attended by 6,922 people. Today known as WesBanco Arena, the facility cost $9 million and serves as home to the Wheeling Nailers hockey team.
 
To learn more: WesBanco Arena history on Wikipedia (https://tinyurl.com/mwp9nm8u), Kucera v. City of Wheeling court decision (https://tinyurl.com/4m29wj8x), Robert Haberfield obituary (https://tinyurl.com/3yp4zkpu), (https://tinyurl.com/49ajj33x), CourtListener - Kucera v. City of Wheeling (https://tinyurl.com/4m29wj8x), Find a Grave Memorial for James R. Kucera (https://tinyurl.com/yf8n4e72), State ex. Kucera v. Wheeling (https://tinyurl.com/2p9vm8ht), Wheeling Civic Center Work Will Continue Says Court - The Daily Courier (https://tinyurl.com/y6tmzyez), The Intelligencer (https://tinyurl.com/2thx68bw)
 
Photo credits: Ohio County Public Library Archives, Wheeling WV; Wikimedia Commons, Wheeling Intelligencer, The Daily Courier   
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    Mike Minder

    Mike Minder was born and raised in Wheeling, West Virginia. He is the author of Wheeling's Gambling History to 1976.

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