‘Pressure off’ for homeowner
OBSERVER Photo by Braden Carmen Pictured is the home of Josephine Tooley, located at 820 Main St. in Dunkirk, next door to the current Wells Enterprises building planned for reconstruction.
Josephine Tooley held strong to her position that she would not sell her home to Wells Enterprises for its new expansion plans in the city of Dunkirk.
Now, it appears Wells has stopped trying to change her mind.
Tooley claims Wells ended its pursuit of her property last week. Tooley was notified through a lawyer she retained during the process that the negotiations were over.
“I feel better physically now because they should be leaving me alone, I hope,” Tooley said. “… All the pressure is off. My blood pressure is back to normal, I’m not sick to my stomach anymore, and I’m just trying to keep on trucking.”
Tooley, 70, is a lifelong resident of Chautauqua County. After spending more than two decades renting in the city of Dunkirk, Tooley secured her current residence and has proudly made it her home for the last 21 years.
Due to the persistence of Wells Enterprises in pursuit of her property, Tooley claims the stress of the ordeal led to health issues, including chest pains, stomach aches, and weight loss. “I’m trying to just put it in the back of my mind and pray they don’t come at me again,” Tooley said.
With the neighboring ice cream factory planning to update its facility, Tooley felt pressured to sell her home, which was one of three residences Wells hoped to acquire for the purpose of demolition to allow for expansion of its facility. The other nearby homeowners came to an agreement with Wells to sell, but Tooley refused.
“I told them from day one, I can’t move. I’m not moving, but they still kept coming at me,” Tooley previously told the OBSERVER. “… They were scaring the hell out of me.”
Reconstruction plans for the Wells production site show a 202,000-square-foot facility, including parking, truck bays, and green space. The updated facility is expected to more than double the plant’s current production of ice cream products, along with the creation of more than 200 jobs.
Although the plans for more ice cream and new jobs were received positively in the community, once Tooley’s side of the story gained the public’s attention, she received plenty of support — both online and in person. Tooley noted someone drove by her home repeatedly shouting, “Don’t sell!”
Tooley said of the public reaction, “I guess there are a lot of people backing me, saying ‘How could they just do this?’ … It’s frightening.”
The city of Dunkirk Planning Board approved the site plan for the updated Wells Enterprises facility on Aug. 25. The Dunkirk Zoning Board of Appeals later granted two area variances for the plan, pertaining to the height of the new structure and setback requirements from Main Street and Newton Street. Both boards voted unanimously in support of the project.
In response to Tooley’s refusal to sell her property, Wells Enterprises offered the following statement: “We appreciate and respect all individual homeowner decisions. Our plans were never dependent on the acquisition of homes, and we are continuing to move our exciting project forward for our team, the company, and the community. We look forward to sharing our progress as additional details are finalized.”






