The donation offer was part of a proposed settlement of litigation filed in Miami County Common Pleas Court this spring by the city seeking an injunction against removal of the building at 112-118 W. Main St. after demolition had started.
The city declined immediate comment on the filing, said Patrick Titterington, city service and safety director.
The condition of the building, which has portions dating to the 1840s, has been at issue in court filings and public debate.
Two weeks ago, county prosecutors filed a request asking Miami County Judge Stacy Wall to order demolition of the building, noting findings by county Chief Building Official Rob England and Troy Fire Chief Matthew Simmons that the building was a public threat.
The block of West Main Street in front of the building is now completely closed to vehicle traffic, requiring a detour in a busy part of downtown. The sidewalk and parking spaces immediately in front of the building had long been closed.
The building was damaged in a January 2020 tornado and again by a severe storm in March when a portion of the roof was ripped off and exposed additional damage inside the building, the complaint states.
Wall denied the request June 23, saying she would appoint an independent building expert. And the judge ordered the building owner to make repairs by July 7 to the north wall that some engineers said was in imminent danger of collapse.
116 West Main Street filed another action Friday in the Court of Appeals, challenging Wall’s June 23 order requiring repairs by July 7 and the plan to appoint an independent expert. The appeal seeks a stay of those orders while the appeal is before the appeals court.
Despite Troy City 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.
“Despite the owner’s persistent and ongoing efforts to inform and warn all members of the public of the safety concerns presented by the building, opponents to demolition have turned a blind eye to the findings from certified engineers and government officials responsible for ensuring the safety of the public,” the statement said. “To date, four highly qualified, professional structural engineers have determined that the building poses an imminent risk to public safety and should be razed. Both the city of Troy fire chief and the city’s and county’s chief building official agree.”
116 West Main asks the court to issue an order compelling the city to initiate the property appropriation process to compensate West Main for alleged taking of property rights; or require the city to show why it should not be ordered to take that action. Damages of an unspecified amount are requested from the city along with 116 West Main’s attorney fees, expenses and costs.
Contact this contributing writer at nancykburr@aol.com
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