TROY — Attorneys representing all parties in court action involving the Tavern building in Troy’s downtown historic district said Tuesday they are working toward “a mutually beneficial and global resolution” to legal issues surrounding the building.
The statement was released a couple of hours after the office of Miami County Common Pleas Court Judge Stacy Wall said a hearing scheduled for Wednesday was being vacated.
That hearing was to focus on the north parapet wall of the building at 112-118 W. Main St., which has portions dating to the 1840s.
The notice vacating the hearing also stated that parties agreed no demolition will occur while the case remains pending, and that the debris on the ground remains too until further action by court.
Repairs to that north parapet wall are a current focus as the city of Troy works to ensure that the building, whose structural integrity is being debated, is safe enough for adjacent roadwork to proceed on the city’s multimillion-dollar Main Street reconstruction project.
“All parties hope to announce a “win-win” agreement in the next few weeks. Please be respectful of all parties as they work earnestly toward a resolution of this matter,” the statement said.
The building was damaged in a January 2020 tornado that hit downtown Troy.
The sidewalk and parking in front of the building, located just west of the Public Square, has been blocked since that time. Barriers were moved into one lane of traffic recently because of questions about the building’s condition following another storm with high winds this spring.
A proposal by building owner 116 West Main, Randy Kimmel, to demolish the building has been controversial and led to multiple court actions. Historic preservation advocates in Troy have pushed for the building to be saved, citing its role as an early county courthouse.
The court of appeals this spring upheld Wall’s ruling in fall 2022 that overturned a city board’s approval of the demolition, saying city codes were not followed in the decision.
The Miami County Building Department this spring issued an adjudication order stating the building was unsafe and posed a safety hazard. A few days later, building owners started demolition of a garage dating to the 1930s, at the rear of the building. The removal was halted within hours by court order.
The County Building Department later changed its order from calling the Tavern unsafe, to saying it needed repair following review of structural reports submitted by the city of Troy and Evil Empire LLC, who are parties opposing demolition. However, the department again changed its adjudication order May 9 after reviewing another structural engineer’s report on the building from its owner.
Other hearings have been scheduled then delayed or canceled. Since late last week, more than a half dozen motions and supporting information had been filed by the parties with the court.
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