Buffalo, N.Y. (WBEN) - The future of the Great Northern grain elevator in Buffalo's "Old First Ward" is, once again, in question following Tuesday's decision by Justice Emilio Colaiacovo to lift the injunction blocking the emergency demolition of the historic 1897 structure.
According to Justice Colaiacovo, he says then-Commissioner of Permits and Inspections James Comerford had a rational basis to act within his authority to order the demolition of the grain elevator. Colaiacovo ruled while the building has historic interest, it cannot survive with a huge hole in its north wall.
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Although disappointed by the ruling, preservationists like Tim Tielman of the Campaign for Greater Buffalo are set to continue the fight to preserve the Great Northern and prevent its demise.
"Everyone should know the order itself, the order and decision by the judge, is in effect Aug. 12. We have until that time to respond, and, of course, we fully intend to appeal, in which case, we'd have a preliminary injunction pending the outcome of the appeal," said Tielman with Brian Mazurowski on WBEN.
While they know it will be another uphill climb in the fight to preserve the Great Northern grain elevator, Tielman believes they will prevail. He points out that the structure is still standing after nearly seven months with the hole in its exterior wall, and it can continue to stand with some tender love and care. That is if Archer-Daniels-Midland and the City of Buffalo can follow up on their end.
"There has been no incentive in the entire 30-year ownership of ADM. They've been parading their wanting to demolish it for 30 years, and the City's successive administrations - [James] Griffin, [Anthony] Masiello, [Byron] Brown - have done absolutely nothing," Tielman said. "They haven't cited them for so much as a missing downspout in 30 years until, of course, the collapse, which the horse is out of the barn.
"As we saw from last winter, as you're aware, early December is basically the beginning of the winter season in Buffalo. That building has already survived a couple more storms of very high winds, including one that dropped 18 inches of snow at the site without any visible impact whatsoever. We think the judge erred tremendously in accepting the notion of a bought and paid for engineer from ADM that, 'Oh, geez, the whole building could collapse.' I think the Smithsonian Institution and the National Park Service, their experts say, 'The steel frame supports the building.' That certainly is not in jeopardy."
As for some other members of local government, they, too, are hoping to see the historic grain elevator preserved and restored to serve other purposes in the community.
"I would have liked to see it preserved. I don't know if it's realistic. I know some people have come in and said they think they could do it, they think they have the resources and the wherewithal to do it. If that's possible, I'd love to see that happen," said Buffalo Common Councilman Chris Scanlon on Wednesday. "Obviously, you've seen throughout the City of Buffalo what we've been able to do, as a city, returning historic structures into updated mixed-use facilities and how successful that's been, and I think we've really been a model for other cities doing that.
"If we can bring that elevator back online and turn it into something productive, I would love to see that. Again, I just hope that we can find someone with the wherewithal and the resources to do it."
Scanlon represents the "Old First Ward" and the area surrounding the Great Northern grain elevator in Buffalo's South District in his role with the Buffalo Common Council.
Since the north wall of the Great Northern took some structural damage due to high winds on Dec. 11, this process to try and save the building from emergency demolition has dragged on-and-on. After multiple court rulings and restraining orders against tearing down the building, it seems like this process will continue on for some time.
While this is nothing new to Tielman and his team with the Campaign for Greater Buffalo - examples being Central Terminal, Richardson Olmsted Campus and the Martin House - Scanlon believes this may be a bit of a concern if it carries on for too long.
"Obviously, with the weather down in that area, you'd hate to see this drag out legally into the winter again, and see potential further damage to the building, in anticipation of maybe someone doing something with that building," he said. "Hopefully, legally, the legal fight will come to an end very soon, and some sort of solution can be reached."
As Justice Colaiacovo has pointed out in the past with his rulings, he believes the City of Buffalo's determination regarding the safety of the building being a hazard to the public is justified. Meanwhile, Tielman and other preservationist will tell everyone the building is safe and can be restored with immediate action.
While Scanlon is certainly no engineer, he believes safety has to be the No. 1 focus of any conversation pertaining to preserving the Great Northern.
"To be able to secure the building, return it to some sort of use, but first-and-foremost, it has to be the security and the safety of the residents," he said.
Some people have, and will continue to argue that the Great Northern is more of an "eyesore" in Buffalo than it is a piece of history that should remain in its current location. Scanlon believes if someone is willing to put the time, money and effort into revitalizing the structure, anyone can overcome the eyesore factor.
While there have been a number of ideas that have been thrown around over the last several months to change the landscape of the building, Scanlon has yet to hear of any new ideas that haven't been presented in the past.
"Secure the building, maybe turn it into some sort of museum honoring the waterfront's history, things of that nature," Scanlon believes. "Again, we'll see if there's someone out there that can come in with an idea and the resources to do something."
When reaching out to the City of Buffalo for comment, one official said the City respects the decision of the court.