The motion to stay the order for repairs issued June 23 by Wall was opposed by the city of Troy, noting the claimed “emergency nature of the building’s structural conditions,” Wall wrote.
“The court’s order (for repairs) addresses how to temporarily mitigate the risk to the public that has been proclaimed by the building owner, and delaying the order to secure the front or north wall of the building contradicts the essence of the imminent, dangerous condition of collapse as asserted,” Wall said.
Wall’s rulings were among several filings made with courts and other agencies during the past week in the ongoing litigation involving the fate of the building with portions dating to the early 1800s. The building was damaged by a January 2020 tornado and its sidewalk and parking have since been blocked for safety.
Most of the recent filings involve Wall’s June 23 order denying a request by Miami County prosecutors for immediate removal of the building.
The same ruling included an order for 116 West Main to shore up the north wall facing Main Street, which Rob England, the city and county chief building official, and Matthew Simmons, Troy fire chief, swore in legal filings was a public danger.
On July 13, England filed an affidavit stating he had notified the building owner and his lawyers that, in his opinion, there “is no safely feasible way” to shore up the north wall. That affidavit was not referenced in any subsequent court findings.
Wall said she also would appoint an independent structural expert because of several conflicting reports on the building’s condition filed by engineers hired by the parties.
Most of 116 West Main’s objections to the appointment were dismissed by Wall, who said the expert, Daniel Geers of Dublin, would be granted access to the structure for a review with one representative of each party allowed to attend the review.
In denying 116 West Main’s objections to the independent expert appointment, Wall wrote that claims of her being biased were unfounded.
“The court has taken no position regarding the fate of the Tavern building other than to preserve the status quo as this case continues to be litigated,” she said.
The parties, in addition to 116 West Main, include the city of Troy and Evil Empire, which represents the owners of buildings adjacent to the Tavern building.
The adjacent building owners Evil Empire and Cheryl Cheadle on July 18 filed an appeal of the order by England and Simmons to the Troy Board of Zoning Appeals. An appeal also was filed with the state Board of Zoning Appeals. That appeal challenges the findings by Simmons stating the owners have seen no evidence of additional damage that would warrant building removal. They also are concerned about the impact of a demolition on their buildings, according to those filings.
Contact this contributing writer at nancykburr@aol.com.
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