TROY — Derek Muncy, the attorney representing Randy Kimmel, owner of the Tavern Building on West Main Street, has expressed disappointment with the recent Ohio Second District Court of Appeals decision which affirmed the Miami County Common Pleas Court decision related to the 116-118 W. Main St. building in Troy’s historic downtown.
“We disagree with the decision,” Muncy said. “We believe we complied with the zoning code, the requests of the city, the Planning Commission, and the BZA throughout the application process. The Planning Commission and the BZA agreed. At this point in time, we are most concerned with the safety of the structure as a whole. We are exploring all of our legal options to proceed with the demolition of the building.”
According to a press release issued by the city of Troy on Friday, March 24, the city’s property maintenance orders and municipal court complaints remain pending, and the city will continue to pursue compliance and enforcement.
“It’s important to understand that the Troy Planning Commission and Board of Zoning Appeals are volunteer citizens of our community,” Troy Mayor Robin Oda said in the release. “It’s disappointing that their decision was overturned, but we recognize the rule of law. The city has pending enforcement complaints in the court system at this time, and we will actively pursue compliance, as directed by our law director.”
“The court has upheld that the building owner was not entitled to a certificate of appropriateness, and that is a requisite that you need to obtain a demolition permit,” Troy Law Director Grant Kerber said. “On this application, he doesn’t have legal authority to demolish it.”
The building’s owner could still appeal the case further, Kerber said, and has an approximately 45-day time frame to file a potential appeal.
In response to the Ohio Second District Court of Appeals decision, Ben Sutherly, president of the Troy Historic Preservation Alliance, issued the following statement:
“We are thrilled for this much-anticipated ruling from the Second District Court of Appeals – a landmark victory for historic preservation in downtown Troy. The city of Troy needs to commence immediately in making repairs to the building and sending the bill to the property owner if there is unwillingness to comply. The sidewalk in front of the building needs to reopen after three long years, and the West Main Street construction in front of the building needs to begin without delay. We look forward to a shift in the conversation to restoring and bringing this important building back into active use alongside the rest of our beautiful downtown, and we stand ready to contribute to that work in any way possible.”