Litigation involving the property at 112-118 W. Main St. remains pending in Miami County Common Pleas Court. Judge Stacy Wall on Friday denied a request filed by Rob England, chief building official, seeking demolition of the building because of findings by England, the Troy fire chief and some structural engineers that it poses a public threat. Other engineers disagree about the condition.
Because of those conflicting opinions, Wall said she also would appoint an independent building expert, at the expense of the parties to the litigation.
“We are disappointed by the city’s decision to not accept the donation of the buildings from our client to the city and its choice of a non-profit. We will continue to work through the public safety and other issues in this matter to the best of our ability,” Jamie Greer, an attorney for Randy Kimmel and 116 West Main said later Monday.
The Troy council vote was not a surprise, but still disappointing, said Martin Stewart of the Troy Historical Preservation Alliance board. The organization has been working to save the structure, which has portions dating to the mid-1800s.
“Miami County required more and more repairs to undercut the possibility of a building donation, then joined the city in raising safety concerns at the 11th hour to sabotage the deal further,” he said.
The city Saturday closed the portion of Main Street in front of the building to all traffic, from Cherry Street to Plum Street. The closing was due to public safety concerns, Mayor Robin Oda and Titterington said. The sidewalk and curb parking in front of the building had been blocked since the building was damaged in a January 2020 tornado.
“The case remains in the court. The barricades will remain until the chief building official and fire chief reverse their certification,” Patrick Titterington, city service and safety director, said following the vote. “We will be fortifying some fencing around the building so we can open up the sidewalk in front of the (Miami County) Safety Building (across Main Street from the Tavern building).”
The closing of the full street led to criticism from some business owners, from those who say the building is not a threat and from the Troy City Council president.
William “Bill” Lutz called the closing “shenanigans” before council met in its closed session. Council did not take public comments during Monday’s meeting. Council’s next meeting is Monday, July 3.
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