Group asks judge to intervene in historic Troy building demolition

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TROY – Those trying to stop removal of downtown Troy’s Tavern Building are asking a Miami County judge to issue injunctions against demolition and overturn city boards’ 4-3 votes to demolish.

A request for a series of court actions was filed this week in Common Pleas Court by Evil Empire LLC, 124 W. Main St.; Ben Sutherly and the Troy Historic Preservation Alliance with rented office at 110 ½ W. Main; and Cheryl Chaney, owner of 110 W. Main St.

The action is against the Troy Board of Zoning Appeals and 116 W. Main St., in care of Randy Kimmel of Covington.

The 124 and 110 W. Main St. structures are in the same block as the Tavern Building at 112-118 W. Main St.

The building has been the center of debate for nearly two years following its damage along with other downtown buildings in a January 2020 tornado that moved through the area.

Building owner 116 W. Main LLC. sought a certificate of appropriateness to demolish the Tavern Building. The filing led to a Troy Planning Commission vote Oct. 11 to allow removal and a Board of Zoning Appeals decision Nov. 18 upholding that decision, with added requirements.

Evil Empire, Troy Historic Preservation Alliance and the others opposed to demolition have argued the building with portions dating to the 1840s can and should be saved.

The court is asked to take several actions. Among them is to issue a stay of execution and injunctions against the demolition of any portion of the Tavern Building. A stay on demolition while the case is pending was approved Thursday by Judge Stacy Wall.

This action is sought “because once the building is demolished, then it is gone forever,” the complaint states. “The public interest would be profoundly served by preserving the historical Tavern Building.”

The opponents say demolition also should be delayed because of an ordinance approved Nov. 15 by Troy City Council imposed a 180-day moratorium on demolition of buildings in the city downtown historic district. The moratorium was requested by council for review of regulations and if changes are needed.

Also requested are:

- An order overturning the zoning appeals board decision. The opponents argue the decision is not valid because standards for demolition outlined in city code were not met and the owners allegedly failed to prevent the building’s deterioration.

- An order requiring 116 W. Main St. LLC to make necessary repairs and maintenance of the building including repairing damaged bricks on a north parapet wall and covering exposed portions of the roof.

Contact this contributing writer at nancykburr@aol.com

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