Buffalo, N.Y. (WBEN) - The three parties involved in the case of the Great Northern grain elevator in Buffalo’s “Old First Ward” now await a decision on the future of the building at the hands of the court.
The Campaign for Greater Buffalo, Archer-Daniels-Midland Milling Co. and the City of Buffalo returned to court on Monday to take part in 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.
Following Monday's proceedings, Justice Emilio Colaiacovo said 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.
Now it's all about the waiting game, as Justice Colaiacovo takes one final look at the evidence before rendering his decision on the Great Northern.
"You heard the judge, he said soon. I don't know what the definition of soon is, so I imagine, perhaps, by the end of the week," said Director of the Campaign for Greater Buffalo, Tim Tielman following Monday's court hearing.
As part of Monday's hearing, it started with Commissioner Comerford taking the stand and answering questions from all parties about his decision to issue the emergency demolition of the Great Northern grain elevator.
When reviewing the damage to the 1897 grain elevator, Comerford believed the north wall's damage was the most concerning with the unknown nature of another further collapse. 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.
However, the attorneys representing the Campaign for Greater Buffalo believe Commissioner Comerford only considered the information provided to him by ADM Milling Co., 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.
"Our argument is that No. 1, yes, he could have availed himself of other experts opinions," Tielman said of the Campaign's stance on the matter. "In fact, myself, I had a phone call in to him. Paul McDonnell, who was a longtime Chair of the City Preservation Board and a registered architect, had a call to him. He did not call back. We had called him, I believe it was Monday [Dec. 13], when he was in the midst of consulting with all these people."
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When making the decision to issue the notice of condemnation, granting ADM the ability to execute an emergency demolition of the structure, Comerford said he was aware of the uniqueness of the building. He stressed that he is in favor of saving as many historical buildings in Buffalo as he can, including the Great Northern.
As part of his talks before the official decision was released, Comerford even talked to Chair of the Buffalo Preservation Board, Gwen Howard about the pending decision. He noted that she told him there would be significant pushback with issuing the emergency demolition of the historic grain elevator.
The Campaign for Greater Buffalo provided, arguably, the biggest pushback to the decision, and even went to say on Monday his chat with Howard was "merely a formality."
"He was informing her of his decision," Tielman believed of this instance. "Rightfully so, she argued that it was an improper decision, but it wasn't a consultative discussion. It was rather, 'We're informing you of an action we're taking.'"
If the Campaign for Greater Buffalo noticed one thing over the course of the past week through the court hearings, it is the evidence that came to light of the negligence that ADM has had with taking care of the Great Northern leading up to the wind storm that caused the damage to the structure on Dec. 11.
"I think we brought clear proof that what we're seeing now, and the judge alluded to, is a 30-year record of negligence in maintaining the building by a Fortune 500 company," Tielman said. "They claim in the papers they submitted to the court that they've done all the maintenance. 'We've spent $100,000 over a 16-year period.' That works out to $6,000 a year. There are homeowners with roofing issues or snow plowing contracts that spend that much on their own property. We're talking about a major historic landmark in the City of Buffalo, and they're spending a pittance. Obviously they have done nothing about, for example, preventing water from doing damage, and that's visible not only to them, as the owners, it's visible to the city and Buffalo inspectors."
While ADM Milling Co. has had its fair share of negligence with taking care of the Great Northern grain elevator over the last several years, Tielman also believes the City of Buffalo has also been negligent over the span that ADM has owned the building.
"They could've gone in with evidence," Tielman said. "I mean, to the naked eye, you or me can see there are no downspouts or gutters on this building. That happens to your house, oh my gosh, you're written up right away. So the issue is this has come to a head because of the negligence of the two parties that are now rushing to demolition."
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One argument from ADM Milling Co. that has been made during the entirety of hearings is that any interested party or developer couldn't possibly buy the building and the property associated with the grain elevator due to the surrounding industrial businesses on Ganson Street. Tielman argues against that point strongly, saying developers look to buy properties like the Great Northern quite frequently.
"It's happening literally across the street from the building. Someone bought an abandoned grain elevator complex directly across the street from the working General Mills complex," Tielman said. "We have it in the 'Old First Ward'. We have it with 'Silo City'. These are active industrial sites that are approximate to new residential, recreation, bars. That is actually what makes this area so attractive to people. It's the mix of uses, and that is actually an economic driver for the 'Old First Ward'.
"The improvements we've seen there have everything to do with the authenticity that these magnificent industrial structures, which constitute the only cultural landscape of its kind in the nation, that's a real value proposition for Buffalo. Developers know this. They're building apartment complexes overlooking this industrial landscape It's valuable. People think it's cool, and if you look at the official promotion that the conventions with this year's bureau, it's actually focused on the grain elevators."
Another arguing point that ADM has tried to make over the past week with the Great Northern is 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.
Tielman also disagrees with ADM's case here, saying that a number of developers and others with experience of rehabilitating historic structures have reached out or approached him with their thoughts on the future of the grain elevator.
"For ADM, it is not in their demonstrated interest over 30 years to even entertain selling the building. They want it down," Tielman said. "If it's obvious that, 'Oh, we'll hear about selling it,' it's an easy decision for the mayor or a judge to make."
Representation from both the City of Buffalo and ADM Milling Co. did not wish to comment on the case after Monday's proceedings.