“Many a time I didn’t think I was going to make it,” said Smiley, 43. “I just kept fighting.”
Dayton City Commission approved letting Smiley move from 735 to 840 N. Main in May 2007. He settled with Ohio government in 2008. And as nearby construction on I-75 nears a conclusion, he thinks he will have a good location, with a new office building and lot at a gateway to the city.
“I’ve got another 25 to 30 years to make it go,” Smiley said.
Nan Whaley, a Dayton city commissioner, said the zoning process, as painful as it was, demonstrates that these situations can work out for all involved. The city learned a lot about Smiley’s business, and his lot looks good, she said.
“It’s been really good for the city because Ken has become an ambassador and a troubleshooter on North Main Street,” Whaley said.
Smiley prides himself on working with the city, pointing out problems in his neighborhood. He said the cooperation is mutual, with a couple of nearby “crack houses” having been shut down and crime decreasing in his vicinity.
Still, there were signs early on that he might make it. On his first day at his new location — before he had electricity or phone service — Smiley was able to sell two cars from a trailer.
In 2008, he sold about 250 vehicles. In 2009, he sold just under 400 vehicles. This year, he expects to do better.
Neither he nor his Dayton attorney, Richard Carr, would discuss in detail his settlement with the state. Carr said they did not question the state’s right to appropriate the property, but they disputed the state’s reckoning of its value.
The suit was settled the Friday before the case was to go to trial. Carr said Smiley is a fighter.
“One of his challenges was continuing to operate at a location he knew was going to be taken from him — and to build a new location,” Carr said.
Today, Smiley has no regrets.
“Every day it’s getting easier and easier,” he said.
Contact this reporter at (937) 225-2390 or tgnau@DaytonDailyNews.com.
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