Damaged in a January 2020 tornado, the building owned by 116 West Main has been the focus of litigation and public controversy centered on whether it can be saved. Portions of the building date to the mid-1800s, and historic preservation advocates want to preserve it. The building owners have expressed a desire to demolish the building. They once had plans for a boutique hotel on the site, but that idea is now uncertain.
On June 16, county prosecutors sought an order requiring immediate removal of the building after it was termed an imminent danger by Rob England, county chief building official, and Troy Fire Chief Matthew Simmons. The focus was the north wall facing Main Street, just west of Troy’s Public Square.
“The court will not order immediate demolition of the Tavern Building … the court has significant concerns about the reliability and selectivity of the opinions the county offers as support,” Wall wrote in Friday’s ruling. “Mr. England has altered his opinion four times since December 2021.”
Wall noted England is not a structural engineer and relies on opinions of experts. England cited an opinion by Michael Bruns, an engineer, but opposing opinions have been provided by experts for the city and Evil Empire, representing nearby building owners in the litigation. Wall also said Simmons did not provide a rationale as to why removal was the only option.
Wall said there had been no measurement of the north wall and questioned how someone then could state its separation from the building had gotten worse.
“If the situation is as dire as the county asserts, it is difficult to believe the condition was not relayed to the city, which welcomed and encouraged thousands of people to walk on Main Street in front of the Tavern Building during the recent Strawberry Festival,” Wall said.
The county also did not warn the adjacent building owners of danger of the building falling, she said.
Miami County building officials referred questions to the county prosecutor’s office, where Prosecutor Tony Kendell took exception to Judge Wall’s remarks.
“The allegation that information concerning repairs that were required by the May 9 Adjudicatory Order were not provided to the city of Troy, is inaccurate,” Kendall said.
Kendall mentioned two separate occasions, June 1 and June 6, when England met city representatives and explained necessary steps and estimates. He also mentioned a June 9 letter to Wall from Troy’s law director, where the city explained the repairs England called for, referring to them as “cost prohibitive.”
“Clearly, information concerning necessary repairs were passed on to the city of Troy in a timely fashion,” Kendell said.
The following steps were ordered by the judge:
- 116 West Main is to abate unsafe conditions after consulting with England and Simmons on shoring up the brick north wall “so that it is no longer in ‘imminent danger of collapse.’ ” The deadline for the work is on or before July 7.
- The court will appoint an independent expert witness, to be paid by all parties to the litigation. “The current slate of expert witnesses has not been helpful to the court to clarify the salient issues and present a clear portrayal of the Tavern Building’s status. Instead, the experts generally have presented opinions favorable to the party that retained them. Although that is not unusual and has not always been the case here, the court believes it would benefit from appointment of an independent expert witness.”
Contact this contributing writer at nancykburr@aol.com
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