Market Street demolition project to proceed
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STEUBENVILLE -- A lawsuit that threw a monkey wrench into plans to demolish several dilapidated storefronts downtown was dismissed Wednesday, clearing the way for crews to begin their work today.
The buildings to be demolished, located at 328-336 Market Street, are owned by Oyo Brewing Company's real estate holding company, East YYZ Realty.
The complaint, filed Tuesday in Common Pleas Court on behalf of neighboring property owner PWA Studios, sought to temporarily stay demolition of the Market Street properties while steps were taken to ensure it "wouldn't affect the structural integrity" of an adjoining property at 104 S. Fourth St. That property had been severely damaged three years ago by a contractor tasked with demolishing the old Moose building.
Local entrepreneur Mark Nelson, who filed the complaint after the owners assigned him limited power of attorney to represent their interests, said his goal was to preserve and protect significant historic properties in downtown Steubenville. The Fourth Street property is on the National Register of Historic Places, as are many buildings in the downtown historic district, and Nelson said he'd approached PWA Studios about the possibility of purchasing it.
The building is believed to have been built around 1860, "making it one of the oldest buildings in the commercial district," he said.
"When I learned that PWA Studios was considering divesting its interest in 104 South Fourth Street, an adjacent property, I approached the owners about the possibility of the Steubenville Cultural Trust acquiring and preserving the property," Nelson said. "They were receptive, and discussions began regarding the terms of a potential acquisition and the insurance necessary to protect the building.
"During that process, questions arose regarding the demolition work planned for the adjoining properties, including what protections would be in place for 104 South Fourth St. Additional questions also arose from historic deed language concerning walls adjoining the properties scheduled for demolition. We sought information from the city in an effort to better understand the plans and protections in place."
Nelson said with demolition approaching and those questions not yet fully resolved, "an injunction was filed for the limited purpose of allowing these issues to be clarified and ensuring that (the Fourth Steet building) was adequately protected as prescribed by city code and state law. Between the filing and the court hearing, several of those concerns were addressed."
A statement released late Wednesday on behalf of Oyo Brewing said an individual familiar with the owners of PWA Studios "contacted them directly. We were subsequently informed through that contact that the owners were completely unaware that the recently designated power of attorney had initiated legal ation to prevent the demolition (of the Market Street properties) and halt the entire brewery project."
"Following that communication, Oyo Brewing Company received a call from PWA Studio's...attorney requesting dismissal of the lawsuit filed earlier that day."
Both the lawsuit and the POA were revoked, the brewing company stated.
"Although we are grateful this matter was resolved in a matter of hours, what is most disappointing to us is that the individual who filed against us to stop demolition is a prominent figure and a longtime proponent of downtown revitalization," the Oyo statement continued. "If this had dragged on the largest private downtown investment in recent memory would have been significantly delayed, but, more importantly, public safety and nearby properties would have continued to be jeopardized on the block."
Nelson, though, disputed that his intent was to stop the brewery project or the demolition of the adjoining Market Street properties.
"I want to be very clear that this action was never intended to stop the brewery project or oppose demolition of the adjoining properties," Nelson said. "We strongly support the brewery, continued investment in downtown Steubenville, and the revitalization efforts that many of us have promoted and invested in for more than a decade. Our concern has been straightforward: protecting 104 South Fourth St., a significant historic building in downtown Steubenville, while making certain that appropriate procedures and safeguards are in place as redevelopment moves forward. Preservation and economic development do not have to be competing interests, and we hope to see both succeed."
City Manager Mike Johnson, meanwhile, was pleased the stalemate was resolved.
"I am happy the complaint was resolved and the brewery project can move forward," he said. "The brewery project represents a significant investment in the heart of the downtown and complements the downtown investments made by the College of St. Joseph. We are witnessing the transformation of the downtown area--there is more positive momentum for development in the downtown area than at any other time that I can remember."