Attorneys in Tavern Building case attend status conference


By Matt Clevenger

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TROY — Lawyers representing all sides involved with the Tavern Building on West Main Street attended a status conference with Judge Stacy M. Wall on Friday, Sept. 22, discussing details of the case and scheduling another upcoming conference to be held on Monday, Nov. 13.

“Obviously, we would like a faster track,”Attorney Jamie Greer, who represents the building’s owner, said during the conference. “It’s just delaying this issue that is before the court, which is a public safety issue.”

Attorneys discussed issues of jurisdiction, as well as the status of several different motions that have been submitted in the case.

During the conference, which was also attended by a small group of Troy residents, Wall ordered both sides involved in disputes over the contents of roll-off containers of debris located on the property to submit photos of the dumpsters to the court by Friday, Sept. 29.

“The city has re-evaluated that situation,” Troy Law Director Grant Kerber said. “From the city’s perspective, there’s no possible beneficial use for those bricks at this time; that’s why they are not seeking that those bricks remain on the property.”

“I don’t see any reason to remove it or any other debris until the case is resolved,” Attorney Jeremy Tomb said. “You have to go back to why this brick is in there; it’s in there because these attorneys advised their client to violate the order.”

“As a matter of fact, they stood out there and directed the demo contractors to keep doing it until you issued an order,” he said. “They’re the ones who caused that debris to exist.”

Wall also set a deadline of Tuesday, Sept. 6, for Miami County Chief Building Official Rob England, Miami County Department of Development Director Richard Osgood and Troy Fire Chief Matthew Simmons to schedule depositions with Tomb.

“If we need to address the scheduling after that we will,” Wall said, “but I’m not looking for delays.”

The depositions are needed due to letters and other documents from those officials that have been submitted in the case, Tomb said.

“As long as those things are in there, I think I need to have the ability to depose the people who issued those documents,” he said.

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