Buffalo, N.Y. (WBEN) - The legal battle towards saving the historic Great Northern grain elevator wages on in Buffalo's "Old First Ward", but there is the danger that demolition of the structure can begin at any point.
"We were in court [Wednesday] for a conference, and, as you know, Judge [Emilio] Colaiacovo on July 5 lifted the temporary restraining order [for] the city and Archer-Daniels-Midland regarding the emergency demolition of the Great Northern grain elevator. But at that time, he did not dismiss the case," said Director of the Campaign for Greater Buffalo on Thursday, Tim Tielman. "That is the first time our attorneys, who have been collectively practicing this type of law dealing with Article 78 - administrative acts by a city like Buffalo - for almost a century, have never encountered this. What it means practically, for us and anyone else interested in saving this elevator, is that we cannot appeal the case while it's ongoing, but ADM and the city are free to prepare and undertake demolition."
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WBEN has learned that ADM Milling Co. has already filed for demolition and safety plans with the City of Buffalo.
Tielman and the Campaign for Greater Buffalo are continuing to work on moving the court process forward to acquire another injunction to halt the process of demolition. However, Tielman admits they are currently in limbo with this case.
"The judge [Wednesday] scheduled some things. We, for example, will have to respond to the reply that the city and ADM provided right at the deadline for replying last Friday. Of course, that was a very crucial time for us, so we are responding to their papers by [Friday]. Then, of course, the process drags on and the judge is giving the city and ADM until next Friday to respond to that. Then finally on Sept. 9, we're scheduled to hear arguments," Tielman explained. "All this in a case which the judge, himself, said he decided back in July, when he issued, what he likes to point out as, a 47-page opinion that James Comerford - [former] Director of Inspections and Permits - acted rationally when he issued the [emergency] demolition order on Dec. 17. As we all know, we're sitting here eight months after that and the thing still stands. I think we've demonstrated and proved, structurally, the thing is in no danger whatsoever of collapsing."
At this point, Tielman would not say whether they were confident they could get another injunction to block the demolition of the 1897 structure, but they do have the intentions to ask Justice Colaiacovo to allow the case to be moved out of his court before it is decided.
Where the frustrations lie for Tielman and the Campaign for Greater Buffalo is the fact that after Colaiacovo lifted the injunction for the second time on July 5, he did not dismiss the case, which puts preservationists in a tough situation.
"We would've run over to the Appeals Court and filed for an appeal and another injunction. We are prohibited by law - it's an exception to the general rule - in Article 78, you can never appeal it within New York State. It's an injustice to us, and we've got to have a remedy. We're being denied our due process here, and ADM is continuing to prepare for demo," Tielman said. "They could inflict grievous damage on that building, any day they choose, and that's disturbing."
When speaking with Tielman last week on site outside the Great Northern, a few pieces of equipment were visible that indicated that ADM is preparing for the demolition of the grain elevator. The company has already torn down some ancillary buildings, as well as several hundred feet of railroad canopy along the building's East wall.
While there hasn't been any new developments with ADM bringing in new equipment or taking other measures on site to begin demolition, Tielman says the company made it known during their conference in court it would take some time to take it down by their own admission due to the sheer size of the Great Northern.
"That's because of how the thing is built, it's not coming down," he said. "The brick wall, of course, that suffered damage, that's another matter. Brick walls fall down of their own volition, as you know, unfortunately, around Buffalo because of lack of good enforcement by the city. That's the case here. You have a building that's structurally sound with a façade that needs to be repaired. That's the crux of the case.
"Is it an emergency? No. This judge feels it is, we beg to differ, and their testimony did not change our opinion at all. We know that thing's don't come down by its own."
More of our conversation with Tielman is available in the player below: