The owner of the Tavern Building on West Main Street has filed a writ of mandamus with the Second District Court of Appeals seeking compensation for the building from the city of Troy.
Sheryl Roadcap | Miami Valley Today
TROY — Attorneys representing the owner of the Tavern Building on West Main Street say they have filed a writ of mandamus with the Second District Court of Appeals seeking compensation from the city of Troy for the building.
“The Writ of Mandamus requests the Court of Appeals to order the City of Troy to do its public and statutory duty to compensate 116 West Main for the unconstitutional taking of 116 West Main’s property,” a statement released by the building owner, Randy Kimmel’s attorneys on Thursday, June 29. “Due to the city of Troy’s conflicting actions, the owner has been deprived of all economically viable use of the property.”
Officials with the city of Troy declined to comment on the ongoing legal case surrounding the building, and said the city has not been officially served regarding the writ of mandamus yet.
“As of this time, I’m not aware of the city having been officially served,” Director of Public Service and Safety Patrick Titterington said on Friday, June 30. “We’ve seen a copy and are reviewing it.”
Members of the Troy City Council voted unanimously to reject a resolution regarding the proposed donation of the Tavern Building, during a special meeting held on Monday, June 26. The resolution that was rejected also included a settlement between the building’s owner and the city.
“The cost prohibitive nature of the required repairs is the reason the donation was declined, along with the pending emergency demolition orders endorsed by both the City of Troy Fire Chief and Miami County Chief Building Official,” attorneys representing the building’s owner said. “Despite these endorsements, the city refused to dismiss its claims against 116 West Main seeking to prohibit demolition.”
Following a conference with council held on Wednesday, June 21, Judge Stacy M. Wall of the Miami County Common Pleas Court issued an order to appoint an independent expert witness, due to conflicting expert opinions on the building’s condition. Wall also ordered the exterior brick wall on the north side of the building’s third floor be shored-up, so that it is no longer in “imminent danger of collapse” on or before Friday, July 7, 2023.
“The court will not order the immediate demolition of the Tavern Building,” Wall said in the order. “The court has significant concerns about the reliability and selectivity of the opinions the county offers as support.
“The cost prohibitive nature of the required repairs is the reason the donation was declined, along with the pending emergency demolition orders endorsed by both the City of Troy Fire Chief and Miami County Chief Building Official,” attorneys representing the building’s owner said. “Despite these endorsements, the city refused to dismiss its claims against 116 West Main seeking to prohibit demolition.”
