Buffalo, N.Y. (WBEN) - Six months after a windstorm damaged it, a judge has ruled to lift the injunction blocking the emergency demolition of the Great Northern grain elevator.
Preservationists say they plan to appeal with a hearing planned for next month.
Judge Emilio Colaiacovo says then-Commissioner of Permits and Inspections James Comerford "had a rational basis in fact to act within his authority to order the demolition of the Great Northern." Colaiacovo ruled while the building has historic interest, cannot survive with a huge hole in its wall.
Tim Tielman of the Campaign for Greater Buffalo is disappointed by the ruling.
"We submitted testimony in court, that he had, in fact made no attempt to contact any experts outside his office. His office had no licensed structural engineers on staff. He spoke to no licensed structural engineers. And he came to a rushed and irrational decision," contends Tielman.
Tielman also says the process needs to go through normal channels.
"Step one, in a building demolition, would be to go to the preservation board, which would hold a public hearing. The emergency demolition process, in our opinion, was a legal strategy that ADM pursued. And the city was only too happy to play along with and we think the city is negligent," says Tielman, who plans to appeal.
Attorney Paul Cambria provided his legal analysis of the decision.
"Well, I think that he's found that there's significant evidence, which is neither arbitrary or capricious to support the city's determine determination that it should be demolished," says Cambria.
Cambria says the judge has given the City of Buffalo the opportunity now to move to dismiss the petition by those who are trying to save it. He says the judge is letting the city answer or move to dismiss the petition which seeks to keep the grain elevator.
"They still have to finally decide the lawsuit that's been filed. So my guess is they file a motion dismiss that will be dismissed. I don't think the other side is just going to give up. And they'll probably appeal it," says Cambria.
Related
The deadline for filing an appeal is Aug. 12.