Rochester, N.Y. (WBEN) - The Fourth Appellate Division of the New York State Supreme Court has ruled in favor of the Campaign for Greater Buffalo in their efforts to save the Great Northern grain elevator from demolition.
"The court agreed with the Campaign that the State Supreme Court did not permit us to provide any expert testimony or evidence. That the City Commissioner of Permits and Inspections [James Comerford], when he issued an emergency demolition permit, acted irrationally based on the information that was available to him," said Tim Tielman, Director at the Campaign for Greater Buffalo on Friday during "Bauerle" on WBEN. "That was our contention that there was no emergency, the building wasn't going to fall down, and did not represent a imminent public health risk. As we sit here talking today, four months afterwards, the building continues to stand. There has been no change in its status since Dec. 11, and with repairs, we're confident it will stand for another 125 years."
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According to court documents issued on Friday, the petition and temporary restraining order against the demolition of the 1897 historic structure have been reinstated, and the matter is remitted to the Supreme Court in Erie County for further proceedings. That means the case will now return to the State Supreme Court in Buffalo to, once again, be heard in front of Justice Emilio Colaiacov, who had ruled in favor of the City of Buffalo on Jan. 5 for issuing an emergency demolition order of the Great Northern.
"What will happen is the Appellate Court has ordered it back to State Supreme Court to allow the Campaign to put forth our experts and evidence that say the elevator was never in danger of collapse, and therefore the Commissioner acted irrationally, and that the building should be preserved and it should be maintained," Tielman explained in detail.
It was back on Jan. 14 when the Campaign for Greater Buffalo was able to obtain a temporary restraining order from the Fourth Appellate Division Court to save the structure from emergency demolition at the hands of the building's owner, Archer-Daniels-Midland Company (ADM Milling Co.). A Notice of Appeal was filed to the Fourth Appellate Division Court the week before.
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Colaiacovo's decision was handed down after all parties took part in a pair of separate court hearings, as well as a failed attempt at mediation in-between both hearings.
The north wall of the Great Northern grain elevator suffered significant structural damage as a result of a strong windstorm back on Dec. 11. After the City of Buffalo conducted a thorough assessment of the structure after the storm, they also found stress cracks on the east wall of the building, as well as some corrugated metal sheets that have either fallen off the cupola or were in danger of falling off.
The Fourth Appellate Division Court reject the Campaign’s contention that Commissioner Comerford acted outside of his emergency authority under the Buffalo City Code.
Hear more of our conversation with Tielman during "Bauerle" in the player below: