The agreement included the parties reporting progress to Miami County Judge Stacy Wall on building repairs that would allow the city to move forward with its West Main Street reconstruction project in front of the building.
A notice was filed Wednesday by lawyers for building owner 116 West Main Street, Randy Kimmel, reporting progress on items outlined in the agreement with the exception of repairs so the city project could move forward. The motion by Jamie Greer and Glen McMurry, speaking for 116 West Main, asked for another week to address that issue.
“Unfortunately, the City of Troy’s various contractor assessments for improving the stability of the north parapet wall did not provide the necessary information in a timely manner that would allow the parties to assess the scope of potential repairs,” they said in a statement Wednesday.
The city, in turn, filed a request later in the day asking Wall to hold a hearing to resolve the issue. No hearing was held Thursday.
Patrick Titterington, city service and safety director, said he didn’t know immediately if another week delay would result in additional costs to the city for the street project.
The April 18 injunction agreement also included another party, Evil Empire, which represents neighboring building owners and was allowed to join the litigation after demolition at the rear of the building began March 29, then was stopped by court order.
The preliminary injunction order also restrains the owners from demolishing or otherwise removing any part of the structure unless otherwise directed by the court; to make temporary tarp repairs, if possible, to any building open air roof exposure; and reinstall three windows removed from south, east and west walls.
The 116 West Main Street statement said the windows have been reinstalled and the possibility of temporary tarp repairs on the roof explored but two contractors said in writing that “the roof remains unsafe and that a temporary tarp repair cannot be safely installed.”
Greer and McMurry said in the statement that 116 West Main “first and foremost” remains concerned about public safety and the building. They argue the building is unsafe although the county building department April 17 revised an adjudication order, changing the building risk level from serious hazard to necessary repairs.
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