Buffalo, N.Y. (WBEN) - The fate of the Great Northern grain elevator in Buffalo's "Old First Ward" is now up to mediation between the Campaign for Greater Buffalo and the City of Buffalo and ADM Milling Co.
After more than an hour of deliberation between both parties, Justice Emilio Colaiacovo ordered for both parties to meet with a mediator in an attempt to resolve the matter on their own. Both parties have agreed to mediation at Justice Colaiacovo's request, and the first session was set to take place on Monday at 11:30 a.m. EST.
However, if a week's time passes and neither side has come to a resolution for the future of the structure, the court will then make a final decision with regard to demolition plans or preservation of the 1897 grain elevator.
"This building itself, regardless of the condition it's in, is part of our landscape. It's important," Justice Colaiacovo said at the end of Monday's hearing. "At the same time, the court is not bound or constrained by public sentiment or emotion. It will decide what the law provides, and that's the role of the court system is to segregate and partition emotion, sentiment, feelings, and instead, apply the law, as it exists, to the facts are before the court."
Because of the nature of the petition at hand for the grain elevator, it requires the matter to be resolved quickly and not continue to linger in the court system. Justice Colaiacovo said the court takes the matter seriously with the historical significance of the Great Northern, but there is the preference to resolve the issues on their own accord.
Justice Colaiacovo has granted an extension of the temporary restraining order against the emergency demolition of the building, as the mediation commences. The mediator that will handle the talks between both parties is former New York State Surrogate Judge Barbara Howe.
"I indicated to her that I am not going to permit this matter to go on for a lengthy period of time," Justice Colaiacovo said. "This issue has to be dealt with squarely by the court, in some fashion, and it will, but this is not a signal to council that I was going to let this go on for months at a time. I told her that I want to have this matter mediated within a week. If a resolution can be reached, great. If not, then the court will issue its decision.
"I think that we need to leave everything out on the field before the court reaches its determination. By that, I mean explore every single option that is available, every means, every resource, before the court has to reach its decision. If you're unable to reach a decision, then the court will, and the court is prepared to do so."
"It's a great invitation for mediation," said Director of the Campaign for Greater Buffalo, Tim Tielman following the hearing. "It's something we didn't anticipate, but I think everyone recognizes Judge Howe, from her previous stint on the bench and everything, would be an outstanding mediator. We'll take advantage of that opportunity, certainly."
The Campaign for Greater Buffalo argued on Monday that it is James Comerford, Commissioner of Permit and Inspection Services for the City of Buffalo, who should have the responsibility of searching for alternate options for the grain elevator, while it is ADM who is responsible, and has been responsible for making the necessary repairs to the structure. The group also believes the matter of the Great Northern being a public hazard to the community does not exist, which should result in the emergency demolition permit to not be viable.
Meanwhile, ADM is proclaiming that after all the investigations and evaluations of the structure and the damage caused to the building as a result of the Dec. 11 windstorm, the only way to make the building safe is for the demolition of the structure. The company says the hazards and risks surrounding the grain elevator are not a result of any lack of maintenance, but it's the original design of the building and the passage of time that has led to this current situation.
ADM, based out of Chicago, Illinois, also brought up a situation from this past Wednesday where an employee was almost struck by a piece of metal from the building that fell just five feet away from her.
In the view of ADM's eyes, the future of the grain elevator is a question of paramount safety. The company says the building isn't designed to stand in a place such as where it is now, and the dangers it currently possesses outweigh any other considerations, including historical significance to the community.
Even when it came to discussions of ADM selling the structure to any perspective buyer, the company said its not aware of any methodology that says its a feasible proposal to sell it while remaining safe for the public.
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As for the City of Buffalo's stance in the matter, Comerford said after the hearing his main concern with the Great Northern grain elevator was public safety.
"That's why I conferred with fire, that's why I looked at all the engineering reports, that's why I went out there with the experts in my department. My main concern is public safety," he said. "No one can guarantee the wall is going to further fall, or any other part of it is. It's a 125-year-old building. Whether it can be saved or not, I don't have the building solutions."
However, the Campaign for Greater Buffalo responded to the commissioner's findings, saying there's dispute with fear of the building falling down any further. The group is of the belief that the level of potential danger can be controlled under reasonable measures.
It is unclear, at this time, when a potential resolution will come together between both sides. However, time is officially ticking away before both parties will be then forced to turn back to the courts to resolve the matter one way or another.