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Posted on: March 29, 2023

112-118 West Main Street Updates

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4/01: On Friday, March 31, 2023 the City of Troy filed an Amended Complaint for Injunctive Relief and Damages in Miami County Common Pleas Court against 116 West Main Street LLC, Randy Kimmel, and the property known as the Tavern Building at 112-118 West Main Street. The amended complaint adds 7 specific counts of beginning demolition without proper City of Troy approvals and permits, property maintenance violations, maintaining a public nuisance, and trespassing in the right-of-way.

The City is requesting a permanent injunction to prevent the Tavern Building property owner from demolishing the structure. The City is also asking the Court to 1) require repairs and maintenance to the building, 2) declare the property a public nuisance, 3) order the owners to immediately abate that nuisance, 4) eject the owners from the City sidewalk in front of West Main Street so that the City's road project contractor can continue his work, 5) prevent the owners from future trespass on the sidewalk, 6) award the City damages for the loss of the use of the street and sidewalks, and, 7) issue punitive damages, attorney fees, and other legal expenses. 

"We have followed the rules of the City since the very beginning. As I've said before, getting this property to become an active part of our vibrant downtown has been our only priority. However, that has to follow the Rule of Law: our city codes and and the judges' decisions. After talking with our Law Director, we will continue exercising every available tool we have to correct these illegal actions and get our West Main project on schedule and within budget," stated Mayor Robin Oda.

More information will be posted as available.

3/30, 10:50 a.m.: At approximately 8:00 this morning, Judge Wall issued her decisions related to the hearing held yesterday afternoon. The judge determined that “…the building is not in imminent risk of collapse, Defendant is Ordered to shore up the busted header and sagging bricks on the south wall…” Further, she ordered the debris pile to be placed on-site in roll-off trash containers.

“We will be monitoring compliance with Judge Wall’s orders, which we believe are in the best interest of the community at this time. We will also be completing our own structural engineering analysis in anticipation of the Tuesday, April 4 court hearing on the City’s injunction against the property owner,” stated Troy Mayor Robin Oda.

Further updates will be provided as available.

3/29, 1:12 p.m.: This morning at approximately 9:00 a.m., Judge Stacy Wall of Miami County Common Pleas Court signed an injunction order preventing any further demolition at 112-118 West Main Street pending a court hearing. That hearing has been scheduled for 3:00 p.m. this afternoon. “We appreciate Judge Wall’s prompt attention to this morning’s very concerning activities,” stated Mayor Robin Oda.

Further updates will be provided as available.

3/29, 8:30 a.m.: This morning, the City was notified that property owner of 112-118 West Main Street had begun demolishing the structure. “The City did not and has not authorized any demolition of any part of that structure. We have issued a stop work order and the Law Director is filing an injunction with the Miami County Common Pleas Court,” stated Mayor Robin Oda.

Further updates will be posted as available.

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