Troy Tavern building fight affects multimillion-dollar West Main road project

“We are told mid-July is the absolute drop-dead date, meaning they cannot do that portion (of the work) if we wait that long,” said Patrick Titterington, city service and safety director. “What the penalty might be from us to the contractor for ‘non-performing’ that portion remains to be negotiated.”

The parties in the dispute over the structure known as the Tavern and IOOF building agreed April 18 to a preliminary injunction order that included continuing efforts toward opening the sidewalk and street by repairing the building’s damaged north parapet wall.

The property owner wants to demolish the building. Local historic preservation advocates want to save it, saying parts of the building date to the 1840s and have historical significance. The building is not on official historic registers.

Lawyers for 116 West Main Street asked April 26 for added time to work on a solution while the city asked Wall to hold a hearing because the city contractor needed to move forward with the street project or possibly face financial costs with the project contract.

The May 16 hearing was set Wednesday after multiple discussions failed to result in an agreement, Wall wrote in the hearing order.

The April 18 agreement also restrains the owners from demolishing or otherwise removing any part of the structure unless otherwise directed by the court. The order was made after demolition at the rear of the structure began March 29 before being halted.

Road contractors for the city’s multimillion-dollar streetscape project are ready to work on that area of West Main Street, Titterington said.

“We know there will be at least a $5,500 remobilization fee, but beyond that it really depends on what the judge decides on the 16th,” he said. “Our contractor is moving around that area for now, but it will get more difficult to juggle because the contractor is currently ahead of schedule.”

Lawyers for 116 West Main Street continue to contend the building is unsafe. But the Miami County building department on April 17 revised an adjudication order that had listed the building as a “serious risk,” changing that designation to “necessary repairs.” The department said the change followed review of additional building condition reports.

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