The street has been closed since last June because of an adjudication order from the Miami County Building Department stating the structures were unsafe. If the structural repairs are not made by the deadline, the agreement calls for the buildings’ demolition.
The buildings were damaged in a January 2020 tornado that swept through the downtown. The sidewalk in front has been closed since then, with the closing extended to the whole block of the street following the June order.
The buildings have been known as the Tavern and the IOOF buildings, with the new owners encouraging use of the IOOF building/Old Miami County courthouse name. This is to recognize the two functions that are most prominent in the building’s history, said Ben Sutherly of THPA.
The organization has $806,858 pledged for the stabilization, with $764,468 collected. Some money still is being collected due to the process of employer matches. The overall goal is to emerge from the stabilization work debt-free, Sutherly said. The group continues to offer project “sponsor” bricks for $100 at http://www.thpatroy.org.
“We have full confidence in the integrity of both the IOOF building/old Miami County courthouse and the court system. We will meet the April 30 deadline for repairs, thanks to the hard work of Level MB Construction and its contractors, and thanks to the generous support and inspiring leadership of nearly 250 individuals, businesses and organizations,” Sutherly said.
The legal battle in the case will return to Miami County Common Pleas Court next Friday, April 5, for a show-cause hearing scheduled by Judge Stacy Wall.
This was sparked by requests for an emergency hearing filed by THPA and Evil Empire, representing adjacent building owners. They claim the acting chief building official for the county, appointed for handling plans for stabilization, violated the settlement agreement.
The alleged violation involves the requirement of a building load test that Evil Empire’s attorney Jeremy Tomb states in the motion was not included in the agreement and has not been required by the county in the past.
The litigation surrounding the buildings has involved 116 West Main, city of Troy, Evil Empire, THPA and the Miami County Building Official Rob England with the special Chief Building Official Shawn Winn appointed for the structural repairs process.
THPA, in updates to Troy City Council at its meetings, has urged the city to get behind the project.
“I emphasize that the city has done nothing to impede the building stabilization efforts,” said Troy Service and Safety Director Patrick Titterington. “We are monitoring the progress to ensure the benchmarks in the agreement are being met, the building is stabilized no later than April 30 and the Adjudication Order is lifted on or before that date so that West Main Street can be reopened as quickly as possible.
“This is our primary goal and, in light of the fact that our Law Director has a conflict, we have retained outside legal counsel to monitor the agreement on our behalf,” Titterington continued. “Our residents want reassurance that the road will be opened, and they can get back to normal as soon as possible, and the agreement’s deadlines are the only way to be assured of that happening.”
Contact this contributing writer at nancykburr@aol.com
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