Court hearing on Troy ‘Tavern’ building delayed; city seeks injunction, damages

Demolition began early Wednesday March 29, 2023 on the Tavern building at 112-118 West Main Street in downtown Troy, but it was quickly stopped by city officials. A court hearing on the issue was scheduled that afternoon. MARSHALL GORBY\STAFF

Demolition began early Wednesday March 29, 2023 on the Tavern building at 112-118 West Main Street in downtown Troy, but it was quickly stopped by city officials. A court hearing on the issue was scheduled that afternoon. MARSHALL GORBY\STAFF

An injunction hearing scheduled for Tuesday in the fight over the fate of the Tavern building in downtown Troy was delayed until April 18 by added legal filings.

Miami County Common Pleas Judge Stacy Wall had set Tuesday’s hearing late last week after she ordered a stop to demolition that had started March 29 at the rear of the 112-118 W. Main St. structure.

Among the new court filings was an amended injunction request filed late Friday and updated Monday by the city of Troy against the building owners. That city request seeks orders against further unauthorized building demolition and for at least minimum repairs and maintenance of the building.

The rescheduling of the hearing puts a stay on previous county orders, which had called the building a “serious hazard,” and would have required the owner to abate the hazardous condition within 14 days.

The city also requests damages from owners 116 West Main Street, Randy Kimmel, for blocking the sidewalk and the parking in front of the building, thus delaying work on the city’s multimillion-dollar Main Street road reconstruction project. The city said recently that work is ready to begin in that area of Main Street but cannot because of the building and surrounding issues.

Demolition began early Wednesday March 29, 2023 on the Tavern building at 112-118 West Main Street in downtown Troy, but it was quickly stopped by city officials. A court hearing on the issue was scheduled that afternoon. MARSHALL GORBY\STAFF

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Wall issued a temporary injunction March 29, then later ordered the owners to shore up, by noon Friday, March 31, a rear part of the building near where a portion had been removed.

In addition to the city and 116 West Main the legal action includes Evil Empire and Cheryl Cheadle, owners of adjacent buildings. Their motion to intervene in the case was approved.

Wall also approved allowing structural engineers for the parties to go into the structure to assess its current condition. The city said Friday it had hired Norton Engineering to do the city’s assessment.

The city Friday also filed another 15 misdemeanor property maintenance order violations against 116 West Main in county Municipal Court. Four violations were filed earlier in March after the owners failed to meet deadlines for repairs set by the city in November orders.

A stop work sign taped to the outside of the 118 Main St. in Troy dated for today, Wednesday, March 29, 2023. MARSHALL GORBY\STAFF

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Not guilty pleas have been entered on the initial four charges, with arraignments on the new charges scheduled for April 18 in the municipal court.

The Tavern building, which includes portions dating to the early 1800s, has been the center of public debate and legal action since being damaged in a January 2020 tornado. The owner has sought to demolish it. A resident group has sought to save it, pointing to its role as an early county courthouse in the 1840s.

A representative of the young nonprofit Troy Historic Preservation Alliance that supports saving the building spoke Monday to Troy City Council. Ben Sutherly thanked the city for its actions to stop demolition and seek building repairs.

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