Xenia shopping center owner sues city over Kmart demolition

5:01 p.m Thursday, Dec. 7, 2017 Xenia
TY GREENLEES / STAFF

The owner of a Xenia shopping center is suing the city, claiming it erred in redeveloping a downtown property.

The lawsuit filed in U.S. District Court by the owner of the Xenia Towne Square Shopping Center said the city erred in demolishing the Kmart near the Fulmer building, causing damage to the former grocery store.

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“Because the Kmart and Fulmer’s building adjoined one another, the city knew that demolition of the Kmart’s wall and roof tied to the Fulmer’s building required special care and skill in order to prevent damaging the Fulmer’s Building,” according to the lawsuit filed Wednesday by Blue Rock Investments LLC and the Boymel Family LLC.

“However, when the Kmart was demolished in or around January 2017, the city and/or its agents failed to perform the demolition in a workmanlike manner such that the city’s demolition undermined the Fulmer’s building’s foundation and left holes in the Fulmer’s Building’s exterior wall,” the suit states.

Xenia Spokesman Lee Warren said city officials were served the lawsuit this afternoon.

“To my knowledge, the city law department has not reviewed it in its entirety but when it does will respond accordingly via the proper legal channels,” Warren said.

Warren added that the city does not typically comment on pending litigation.

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