Common Pleas Court Judge Stacy Wall earlier this year overturned a Troy zoning appeals board decision approving the building’s demolition.
The case involves the Troy Planning Commission’s previous decision to approve demolition of the West Main Street building that has portions dating to 1840.
The Planning Commission decision last fall approving a Certificate of Appropriateness for demolition was appealed by people attempting to save the building. Appeals were made first to the city Board of Zoning Appeals and then the Common Pleas Court. The appeals were filed by Evil Empire LLC, Ben Sutherly and the Troy Historic Preservation Alliance.
The property at 112-118 W. Main St. is known as the Tavern Building and the IOOF building. A portion of the original building was an early county courthouse from 1841 into the 1880s.
The building owners said history would be documented through plaques and markers at the property if demolition occurred.
Evil Empire and others claimed the demolition vote was not valid because the demolition standards outlined in city codes were not met.
In the Common Pleas Court ruling, Judge Stacy Wall found approval of a Certificate of Appropriateness for demolition “was arbitrary and unreasonable.” The BZA did not consider all mandatory requirements of the city zoning code including a requirement that a definite plan for the property reuse shall be submitted. None was submitted, Wall said.
“Because West Main (the building owner) did not satisfy the Troy Zoning Code’s requirements, the BZA should have denied West Main’s application,” Wall ruled.
Troy City Council will be asked in a special meeting Monday, Oct. 31, to also appeal Wall’s ruling. The city appeal would be to defend the BZA decision “and not to defend the property owner or anyone else for that matter,” said Patrick Titterington, the city’s director of public service and safety.
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