Buffalo, N.Y. (WBEN) - A final decision on the future of the Great Northern grain elevator is expected in the coming days after all parties returned to court on Monday.
This comes after hours of testimony and deliberation pertaining to the emergency demolition order of the Great Northern that was issued by Buffalo's Commissioner of Permit and Inspection back on Dec. 17, James Comerford.
Justice Emilio Colaiacovo said following the second session on Monday the court will reserve their decision, but it will be rendered quickly and be handed out in a written format. In the meantime, the temporary restraining order issued against the emergency demolition of the building will remain in place until a decision is officially made.
All parties were issued to return to court on Monday after Archer-Daniels-Midland Milling Co., along with the City of Buffalo, could not find a resolution with the Campaign for Greater Buffalo through mediation.
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From the start of Monday's hearing, Justice Colaiacovo made it clear to all parties that this hearing was solely for the determinations made by Buffalo's Commissioner of Permit and Inspection, James Comerford and the city for the order of the emergency demolition of the Great Northern.
Comerford was then called to the stand, where he took more than two hours of questioning from all parties of the case on his decision to grant ADM Milling Co. a notice of condemnation to proceed with the demolition of the structure.
It was the morning after the collapse of the north wall of the 1897 grain elevator on Dec. 12 when Comerford was first notified about the incident, which then sent him and his staff into action to asses the damage to the structure. Comerford then notified ADM about what happened and asked about their intentions with the building.
An order of remedy was then issued to ADM Milling Co. by inspector Tracy Krug, who works as part of Comerford's staff. Shortly thereafter, ADM responded by saying the building, in its condition, could not be remedied.
Comerford and the city conducted a drone inspection of the Great Northern on Tuesday, Dec. 14 to further asses the damage and try to get a better look at what might have happened as a result of the wall collapse and potentially more. Based on the findings of the drone footage - which was about 100 photos and three videos - Comerford did not like what he saw.
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After receiving and reviewing the the drone footage of the damage outside, inside and to the cupola of the structure, Comerford then went to Buffalo Fire Commissioner William Renaldo to help review the footage. The very next day, Buffalo Fire did their own evaluation of the building and returned agreeing the Great Northern was a decision needed to be regarded as an emergency basis.
Commissioner Renaldo then issued a condemnation letter that detailed the areas of concern with the grain elevator after the damage it took. That, in turn, led to Comerford issuing a notice of condemnation, which deemed the building condemned and ordered for emergency demolition as soon as possible.
When reviewing the damage to the Great Northern grain elevator, Comerford believed the north wall's damage was the most concerning with the unknown nature of another further collapse of the wall. He also says the opening in the north wall indicated that there's no way anyone could patch up the hole formed by the high winds on Dec. 11.
In addition to the north wall, the findings from the city's assessment found there were stress cracks on the east wall of the building - parallel to Ganson Street and the railroad tracks - as well as some corrugated metal sheets that have either fallen off the cupola or were in danger of falling off. There was no way that anyone could say if or when the structure was bound for further collapse.
For Comerford, the basis of his decision for emergency demolition of the structure was solely for the purpose of public safety. He said it was not his obligation to get into providing any possible solutions for the building.
According to Comerford, he believes the canal alongside the west wall of the structure, as well as the railroads and roadways are all areas of concern for public safety, given the close proximity to the building and the damage it has already sustained. In addition, Comerford felt the property was dangerous to the public and required emergency demolition.
When asked questions from the Campaign for Greater Buffalo, Comerford says he is aware of the uniqueness of the building and he is in favor of saving as many historical buildings in Buffalo as he can. He even talked to Chair of the Buffalo Preservation Board, Gwen Howard about the pending decision with the building, and she said there would be significant push back.
However, given the current state of the structure after the city's assessment with their team and other resources, as well as reviewing the engineering report from ADM, Comerford still doesn't see it possible how the Great Northern is savable or how anyone can patch up the building.
Comerford has denied ADM Milling Co. with undergoing an emergency demolition of the Great Northern grain elevator in the recent past. Back in 2020, ADM approached Comerford and the City of Buffalo requesting an emergency demolition of the grain elevator, but Comerford denied the request.
It has been known that ADM has requested an order for emergency demolition of the structure multiple times in the past, but Comerford this was the only instance of this during his time as the Commissioner of Permit and Inspection.
Comerford noted in the past, his team could never gain access into the building to make any assessments of its condition, and he certainly would not send anyone in there now given its condition. He also added that Commissioner Renaldo from Buffalo Fire said that access into the building would be severely limited.
As the winter months go on and there being concern for more substantial weather events such as wind storms or other lake effect matters, Comerford is concerned the north wall of the grain elevator could collapse more and become even more of a threat to those in close proximity to the building.
It was the collapse of the north wall of the building that made Comerford aware of the potential for more danger with the structure, and he presumes the support the north wall had before its collapse is the same support for the other walls of the Great Northern.
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After a two-hour recess, all parties gathered back in court to give some final deliberations of what had just been heard from Comerford.
The attorneys representing the Campaign for Greater Buffalo believe Commissioner Comerford only considered the information provided to him by ADM, his staff and the Buffalo Fire Commissioner before making the decision to issue the emergency demolition order.
Both attorneys, Tim Lippes and Tim Berger, believe Comerford could have very easily picked up the phone and extended for outside help on whether or not the Great Northern could be abated. They also believe it would have been rational for Comerford to take an extra day or two to take this course of action before issuing the emergency demolition.
They believe that there was a lot of unknown information regarding the condition and the status of the building before the order was given, making his decision irrational. Berger was persistent the decision from Comerford was arbitrary and simply based on fears he had of the building rather than proper facts.
Meanwhile, representatives from ADM and the City of Buffalo argued that Comerford's decision regarding the grain elevator were rational given its current state and hazard to the health and safety of the public.
According to both parties, it was Comerford's duty to focus on the health and safety of the public, and he took all the proper avenues to come to the decision of handing out the emergency demolition order. The city also pointed out that according to the law, the Commissioner did not need to seek any outside opinions before making an emergency situation such as this.
It was of ADM's belief that Comerford "bent over backwards" to look into everything in his power before making his decision, and that the company's interest is the same of Comerford's and the city - public health and safety is priority No. 1 and they are trying to avoid a tragic accident from happening.
When asked by Justice Colaiacovo why the proper maintenance of the building was not kept up and why not make the necessary repairs, ADM's representative said the company did what it could when it could maintain the building. However, given the condition of the building when it was purchased and the physical proximity of the building in Buffalo's "Old First Ward", it was an "unavoidable situation."
In addition, ADM says there have been no offers from any developers or interested buyers to purchase the building. The company also maintains that it does not know if it's feasible to sell the building while maintaining the health and safety of the public.