Your questions answered: Where things stand with the Troy Tavern demolition

112-118 W. Main St. in Troy -- the Tavern or IOOF building

112-118 W. Main St. in Troy -- the Tavern or IOOF building

The Dayton Daily News has been reporting about the Troy Tavern for quite a while now.

The 3 1/2-year-long legal fight over saving or demolishing the 1800s-era building continues.

All of the court proceedings, zoning board issues and street closure updates can be confusing.

We will try to answer your questions about where things stand now with the historic building.

What building are we talking about?

The Troy Tavern building is located at 112-118 W. Main St., between Plum and Cherry streets in the heart of downtown Troy. The building has portions dating to the 1840s, including an area that once housed a county courthouse.

The building was damaged in a January, 2020 tornado that struck downtown Troy and again by a storm this spring when a portion of the roof was torn off.

The 100 block of West Main Street in Troy is completely blocked off June 27, 2023, after city officials declared the controversial Tavern building there unsafe. MARSHALL GORBY \STAFF

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The sidewalk and parking in front of the building have been closed since 2020 because of bricks that fell during the storm.

What is happening with the courts and Board of Zoning Appeals?

Proceedings before Judge Stacy Wall in Miami County court are ongoing.

Judge Stacy M. Wall talks Wednesday March 29, 2023 with attorneys about the demolition of 112-118 West Main St. buildings in Troy on Main Street. MARSHALL GORBY\STAFF

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On one side there is Randy Kimmel of 116 West Main, the owner of the building and the city of Troy, who want to demolish the building.

On the other side there is Evil Empire LLC and nearby building owners including Cheryl Cheadle, owner of Key II Security and Investigations, whose business is located right next door to the tavern.

The block where the building is located was closed by the city in this summer after Judge Wall declined to order building removal — following findings by Rob England, county chief building official, and Matthew Simmons, Troy fire chief, that the structure was unsafe and dangerous, posing a public hazard.

The 100 block of West Main Street in Troy is completely blocked off June 27, 2023, after city officials declared the controversial Tavern building there unsafe. MARSHALL GORBY \STAFF

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An appeal of the findings by Simmons and England that the building was unsafe was filed with the city of Troy Board of Zoning Appeals by neighboring building owners Cheryl Cheadle and Evil Empire LLC.

There have been conflicting reports on the structural health of the buildings from engineers hired by both parties in the case. To settle the differences, Daniel Geers, a structural engineer, appointed by the court, was hired to examine the buildings.

Structural engineer Daniel Geers, of Jezerinac Geers & Associates Inc. (left) examines the 1800s-era Tavern building at 112-118 West Main Street in Troy on Friday, Aug. 18, 2023. Also present were Aaron Lowe (white shirt) of law firm Waite, Tomb, Eberly; Wade Dexter of the Troy Fire Department and assistant Miami County prosecuting attorney Chris Englert (at right); and J. Steven Justice of Dungan & LeFevre law firm (inside building). MARSHALL GORBY\STAFF

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Geers reported that the buildings have worsened over time due to lack of upkeep and that they had, “reached the end of their useful service life. If funds were not a concern, they could be restored to their original condition, but this is likely economically unfeasible given the extent of the various deteriorations.”

The estimated cost of demolishing the buildings was listed at $250,000, to stabilize them while leaving them unusable at $225,000 and to rehabilitate for use at around $3 million in a brief filed by building owner 116 West Main/Randy Kimmel.

Is there another possible solution?

Troy Community Works, a nonprofit economic development group in Troy, proposed another solution to saving the building. The proposal would involve coordination of several parties. Among its aspects were for the building owner to donate the building and for 116 West Main along with others to contribute $50,000 each toward building stabilization. The others suggested were the city of Troy, Troy Historic Preservation Alliance and adjoining building owners Evil Empire and Cheryl Cheadle, $25,000 each.

The Troy Historic Preservation Alliance, a local nonprofit working to preserve Troy’s historic buildings, including the Tavern property, supports the TCW proposal.

Christy Shell of Troy Community Works said the organization is completing due diligence before further action on the proposal. “We feel like there is a solution there, if everyone would have a change of mind of what could happen…We may be too far along,” she said.

What happens next?

At a Sept. 19, meeting, the board voted 4-1 to dismiss the appeal, saying it did not have jurisdiction to hear the issue. An appeal of that decision is anticipated.

Appeals in the Tavern dispute also have been filed with the 2nd District Court of Appeals.

Another status conference has been scheduled by Judge Wall for Nov. 13.

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