Troy Tavern lawsuits have tentative deal; city council OKs, but details unclear

Parties not commenting yet; 1800s-era downtown Troy building was damaged in 2020; structural concerns have kept West Main Street closed for six months

TROY — A tentative settlement agreement that would end all litigation involving the embattled Troy Tavern property at 112-118 W. Main St. in downtown, transfer its ownership, and set deadlines for repairs/demolition was approved Monday by Troy City Council.

Few details of the proposal have been disclosed due to what parties called the continued mediation of several pending legal cases in Miami County Common Pleas Court and Ohio’s 2nd District Court of Appeals.

The listed participants in the litigation/mediation are the city of Troy; 116 W. Main LLC and Randy Kimmel, owner of building; Evil Empire LLC and Cheryl Cheadle, owners of adjacent buildings; and the Troy Historic Preservation Alliance, a nonprofit citizens group.

The buildings known as the Tavern building and the IOOF building would be turned over to the history group (THPA) and all litigation would be terminated, the resolution approved by council said. A timeline would be developed for repairs and or demolition of the buildings, the resolution said.

Ben Sutherly of the THPA said the organization could not comment at this time.

“The various entities outlined in the city of Troy resolution will issue a joint statement as soon as a final agreement is in place,” Sutherly said.

The buildings were damaged in a January 2020 tornado that swept through the downtown, and again in wind storms this spring.

A portion of the building built in the early 1800s was one of the county’s first courthouses. That courthouse was where every person of color had to go to register his or her intent to remain in the county until laws requiring the registration were repealed in 1849. Among those registering were former slaves known as the Randolph Freed People who settled near Piqua in the late 1840s.

The Troy Planning Commission and the city Board of Zoning Appeals approved a demolition permit for the structure in 2021, but their decisions were overturned last fall by Common Pleas Court Judge Stacy Wall. The 2nd District Court of Appeals upheld that ruling.

The building is located on the south side of Main Street just a block west of the Troy Public Square and near the county government complex of the historic 1880s Courthouse and the adjacent county Safety Building.

The city this summer closed West Main Street in front of the building between Plum and Cherry streets after the court was notified by the chief building official of fears of potential collapse. It is unclear how a settlement agreement would affect when West Main Street would open.

Council met in a closed executive session for 50 minutes Monday before voting a short time later to support the proposal.

Troy resident Kelly Snyder asked city officials to explain what the council vote meant. City Law Director Grant Kerber responded.

“There is a lot of moving parts on this ... There is continuing mediation to clean up loose ends,” Kerber said. “We are somewhat within the confines of the court’s mediation order where we have to keep things confidential, but that won’t be that way forever.”

The city is ready to take its action when and if that time comes following council’s vote Monday, Kerber said. Things will move forward “as long as everybody comes to the table and signs off on it,” he said.

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