City requests permanent injunction to stop Tavern Building demolition

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TROY — The city of Troy filed an amended complaint for injunctive relief and damages in Miami County Common Pleas Court against 116 West Main Street LLC, Randy Kimmel, and the property known as the Tavern Building at 112-118 West Main Street on Friday, March 31, 2023.

The amended complaint adds seven specific counts of beginning demolition without proper city of Troy approvals and permits, property maintenance violations, maintaining a public nuisance, and trespassing in the right-of-way.

The city is requesting a permanent injunction to prevent the Tavern Building property owner from demolishing the structure. The city is also asking the court to 1) require repairs and maintenance to the building, 2) declare the property a public nuisance, 3) order the owners to immediately abate that nuisance, 4) eject the owners from the city sidewalk in front of West Main Street so that the city’s road project contractor can continue his work, 5) prevent the owners from future trespass on the sidewalk, 6) award the city damages for the loss of the use of the street and sidewalks, and, 7) issue punitive damages, attorney fees, and other legal expenses.

“We have followed the rules of the city since the very beginning. As I’ve said before, getting this property to become an active part of our vibrant downtown has been our only priority. However, that has to follow the rule of law: our city codes and and the judges’ decisions. After talking with our law director, we will continue exercising every available tool we have to correct these illegal actions and get our West Main project on schedule and within budget,” Troy Mayor Robin Oda said in a city of Troy press release.

More information will be posted as available, the release said.

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