An injunction hearing scheduled to begin Tuesday morning was canceled Monday afternoon, replaced by an attorney’s conference.
Lawyers for the city of Troy, Evil Empire LLC and 116 West Main Street had discussed a possible resolution to some issues Monday and again for more than hour before the agreement was outlined in a brief court hearing.
The city March 29 received a court order halting demolition that had started that morning at the rear of the structure by 116 West Main Street, building owner. The city argued the building owner did not have required city approval to begin demolition. Evil Empire LLC, representing neighboring building owners, was allowed to join in the litigation as plaintiff.
The injunction hearing was to include testimony on structural engineers’ reports on the safety of the building that Miami County building officials said in a March adjudication order was a serious risk. The department Monday revised the order to say the building was in need of repairs. The change, the department said, was due to filing of additional structural engineers’ reports.
The order 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. Building owner Randy Kimmel was asked by Wall if he had any questions about the order. He replied that he did not.
The order also states talks will continue towards a resolution to open the sidewalk and street parking along West Main Street in front of the building. They have been closed since the building was damaged in a January 2020 tornado. If an agreement is not reached by April 26, a hearing will be scheduled, Wall said.
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