The weight load test was required following review of structural repair plans submitted by THPA earlier this year. THPA bought the buildings in December from 116 West Main LLC and Randy Kimmel as part of a settlement agreement in litigation over the future of the buildings that were constructed in the 1840s and 1902.
As part of the agreement, THPA said it would make agreed-to structural repairs by April 30 so West Main Street between Plum and Cherry streets can be reopened.
The street has been closed since last June because of an adjudication order from the county Building Department stating the structures were unsafe. If the structural repairs are not made, the agreement calls for the buildings’ demolition. The buildings were damaged in a January 2020 tornado that swept through the downtown.
The buildings have been known as the Tavern and the IOOF building, with the new owners encouraging use of the IOOF building/Old Miami County courthouse name.
THPA President Ben Sutherly said Tuesday that, “Eliminating the load test lets us focus entirely on completing the stabilization repairs outlined in the settlement agreement. As a result, we anticipate that the portion of West Main Street in front of one of Miami County’s most historic buildings will reopen by the end of this month.”
The load test requirement was being challenged in court by THPA and Evil Empire LLC, representing adjacent building owners. Common Pleas Court Judge Stacy Wall late last week scheduled a show-cause hearing for Friday, April 5.
The hearing was still on the court schedule Tuesday but could be canceled due to the dropping of the load test. Lawyers for Evil Empire and THPA filed a joint request Tuesday for cancellation of the show-cause hearing.
The 112-118 W. Main St. building again was the focus of an update to Troy City Council at its meeting Monday.
Sutherly said the city administration continues to refuse “to support the stabilization repairs as the fastest way to reopen West Main Street. He emphasized that the THPA considered the load test as duplicative and would require an unnecessary expense to THPA and donors who have supported the project up to $50,000.
“There is no value in conducting a load test. It is a punitive measure – unprecedented in Miami County – that was inappropriately added as a condition to the building permit,” Sutherly said.
Council member Susan Westfall, who joined the council in January, spoke in support of THPA efforts and urged city administrators to avoid future court battles regarding the agreement and stabilization efforts. She said she does not support actions by the city administration including hiring new legal counsel for $20,000 recently.
The attorney sent a letter to attorneys involved in the litigation and Judge Wall arguing that THPA had not met settlement agreement requirements and seeking a stop-work order and demolition of the structures by March 31. No court action was taken on that letter.
“I want to make it very clear that I do not support these actions by the city administration. I believe THPA has been very diligent in their efforts to raise the needed funds and move forward with the required stabilization … ,” Westfall said. “This is evidenced by how much has been accomplished in a mere 3 months. When you consider that this building has been in disrepair for over 10 years, I believe this community should be wholeheartedly supporting the completion of this work.”
Patrick Titterington, city service and safety director, did not comment on the remarks at Monday’s council meeting. Asked Tuesday morning to comment on the county building department decision, Titterington said, “We have been consistent in stating that all decisions regarding the building permit are strictly within the purview of the Miami County Chief Building Official. We’re pleased this issue is resolved and we look forward to seeing continued progress on the stabilization efforts.”
Contact this contributing writer at nancykburr@aol.com
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