Breaking News: A Legal Resolution to the Tavern Building is Filed

Parties reach agreement to end legal fights over Tavern Building

Just a few hours ago, a complex and multifaceted legal saga concerning the property located at 112-118 West Main Street reached a resolution as a Stipulation, Settlement Agreement, and Dismissal Entry was filed by Common Pleas Court Judge Stacy Wall that brought closure to a series of intertwined legal battles, which included four pending cases in the Common Pleas Court and three additional cases at the Second District Court of Appeals.

The parties to the agreement included the City of Troy, Ohio; 116 West Main, LLC, a business entity with vested interests in the disputed property and it’s owner, Randy Kimmel; Cheryl Cheadle and Evil Empire, LLC, adjoining property owners; Rob England, the Chief Building Official for both Miami County and the City of Troy; and the Troy Historic Preservation Alliance (THPA), a not-for-profit organization committed to preserving the historical essence of Troy.

The backdrop of this story involves multiple legal actions which had been swirling around the property known colloquially as "The Tavern Building", since a tornado caused considerable damage to the building in January 2020. The legal agreement points out that the building is made of two main structure, one portion of the building built in 1841, the other in 1902.

In the agreement filed with the court, the THPA agreed to purchase the Building from 116 West Main. This transfer of ownership was to be concluded no later than December 22, 2023. However, with ownership came great responsibility: the THPA was tasked with the job of repairing and stabilizing both the portions of the 1841 and 1902 building. The agreement also appoints a third party to act as the Chief Building Official, to oversee the restoration work, who will work independently from the county’s Chief Building Official, Rob England.

The agreement also has a "hard deadline" set for April 30, 2024 to bring the building into compliance. The THPA is expected to complete all repairs by this date, a deadline etched in stone with no allowance for extensions, irrespective of any unforeseen challenges or discoveries during the restoration process. In another clause, the agreement stated that should the THPA fail to meet this deadline, they were obligated to demolish the Building and clear the debris by May 30, 2024. The City of Troy held the discretionary power to intervene and undertake this task if the THPA defaulted.

The agreement outlines other key elements crucial to the resolution of this saga. A joint press statement was to be issued by the parties, acknowledging the correctness of the Adjudication Order #36 and the concerted efforts made by all involved. Furthermore, the Court retained jurisdiction to enforce the stipulations of the agreement. A copy of joint press release is below:

In a move towards closure, all related lawsuits and claims were to be dismissed with prejudice, marking an end to the legal battles that had long ensnared the Tavern Building, including any outstanding property maintenance violations. The agreement also featured mutual waivers and releases, with each party absolving the others from various claims, a gesture symbolizing the end of hostilities and the beginning of a new chapter. Notably, the City of Troy and Rob England preserved their rights to enforce laws and regulations, ensuring that the rule of law remained paramount.

The agreement concludes with the affirmation that the agreement is final and appealable. All parties committed to act in good faith, ensuring that the terms of the agreement were honored.

There was on explicit mention of the current closing of West Main Street, but once repairs are completed to where Adjudication Order #36 is lifted, the agreement outlined that both the Chief Building Official and the City’s Fire Chief, would rescind their certification that the building is an imminent collapse hazard, which should open the street back up for traffic.

Thank you for reading this very special breaking news edition of the Civic Capacity Newsletter. Please feel free to share this information with your friends and neighbors and leave your ideas and insights in the comment section.