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Judge denies request to demolish historic Troy building, orders repairs

TROY — A Miami County judge has denied a request to demolish the Troy Tavern Building, which has been at the center of controversy for months.

>>PREVIOUS COVERAGE: PHOTOS: Troy property owner starts demo without city approval

In a ruling filed in Miami County Common Pleas Court, Judge Stacy Wall said that she “will not order the immediate demolition of the Tavern Building” on W. Main Street. She also stated she would appoint an independent structural engineer to inspect the building.

Last week Troy’s fire chief, Matthew Simmons, and Miami County’s chief building official, Rob England, signed a certification saying the building was “beyond repair and should be demolished as soon as possible.”

>> PREVIOUS COVERAGE: Inspection deems historic Troy building ‘beyond repair;’ No settlement reached as judge mulls ruling

In her ruling, Judge Wall brought up “significant concerns” about England’s opinions on the building.

“Mr. England has altered his opinion four times since December 2021,” Wall wrote.

Wall also noted that neither England nor Simmons are structural engineers and that they both have relied on other experts’ opinions.

Additionally, she stated that Simmons “did not provide independent, specific reasons for finding the Tavern Building a fire hazard.”

Simmons wrote in the fire inspection of the building that structural issues make the building unsafe for firefighting operations.

The judge also stated that there was “discussion, without opposition” that there wasn’t any kind of measurement of the north wall and the roof. She then questioned “How someone can state the separation is ‘worse.’”

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“If the situation is as dire as the county asserts, it is difficult to believe the condition was not relayed to the city, which welcomed and encouraged thousands of people to walk on Main Street in front of the Tavern Building during the recent Strawberry Festival just two weeks prior,” Wall wrote.

The judge also ordered the building owner to make repairs to the exterior brick wall on the north side of the third floor. The owner has until July 7 to have the work done.

An attorney for the building’s owner said they are working “diligently” toward a settlement with the city involving a donation of the building, but claims the “cost-prohibitive nature of the repairs required to make the structure safe” is why the city has not taken him up on his offer.

“Even though the fate of the building is unclear, the owner remains committed to finding a true ‘win-win’ solution for the people of Troy,” Jamie Greer said in a statement Wednesday.

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