Those reports were filed during ongoing debate and legal action about the future of the building, which has a portion dating to the 1840s.
Parties to the court litigation will pay the cost for the expert, whose information lists a fee of $400 per hour. The parties have until Friday, July 14, to file objections to the appointment.
The June 23 filing also included an order for building owner 116 West Main to make repairs to the structure’s north wall facing Main Street by Friday, July 7. The sidewalk and parking in front of the building have been blocked since the building was damaged by a January 2020 tornado.
Attorneys for building owner 116 West Main Street asked the court to issue a stay on the orders while it appeals them to the 2nd District Court of Appeals. The appeal was filed June 30. The appeals court on Thursday said it would not act on the stay request while the same motion was pending in the local court before Wall.
As of late Friday afternoon, a stay ruling had not been issued by Wall, according to court records.
116 West Main Street also filed a request for a writ of mandamus against the city of Troy on June 29 accusing the city of unconstitutionally taking the Tavern building.
That request followed a June 26 vote by Troy City Council declining the donation of the building to the city as part of a proposed settlement of a city complaint filed in March to stop demolition of the building by 116 West Main.
Despite council’s vote to reject the donation offer, the city continues pursuit of an injunction against demolition and has filed criminal citations against the owner for failing to make repairs ordered by the city in November, 116 W. Main’s lawyers state in the appeals court request.
“Due to the city of Troy’s conflicting actions, the owner has been deprived of all economically viable use of the property. In addition, the city’s conflicting actions have continued to allow the unstable building to threaten public safety,” lawyers for 116 West Main wrote in a statement.
Three weeks ago Miami County prosecutors filed a request asking Wall to order demolition, noting findings by county Chief Building Official Rob England and Troy Fire Chief Matthew Simmons that the building was a public threat.
Wall denied the request June 23, saying she instead she would appoint the independent building expert and order repairs to the north wall.
After the judge denied the demolition request, the city completely closed the block of West Main Street between Cherry and Plum streets to create a fall zone in front of the building. The area was adjusted a few days later when the city opened areas in front of businesses in that block for customer parking.
The street previously had been blocked by the city into the first lane of eastbound traffic in early May after Rob England, county chief building official, said another inspection of the building showed more damage than previously observed.
The city action to close the street was questioned in several comments at city council’s July 3 meeting.
At the heart of the dispute has been the property owner’s desire to demolish the building and create new development, while historic preservation groups have advocated to save the building, saying its 19th century use was historically significant.
Contact this contributing writer at nancykburr@aol.com
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