Campaign for Greater Buffalo files Notice of Appeal to Fourth Appellate Division court

The preservation group was denied an Order to Show Cause seeking to stay demolition of the grain elevator
Great Northern grain elevator
Photo credit Brayton J. Wilson - WBEN

Buffalo, N.Y. (WBEN) - The Campaign for Greater Buffalo is taking its next step towards saving the Great Northern grain elevator from emergency demolition at the hands of Archer-Daniels-Midland Milling Co.

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The three parties involved in the case returned to court on Friday after the Campaign for Greater Buffalo presented the court with an Order to Show Cause, seeking to stay the demolition once again. The issue was again presided over by Justice Emilio Colaiacovo.

The Campaign for Greater Buffalo was requesting a short stay through the weekend to avoid demolition of the grain elevator, as the preservation group is looking to have their case heard by a Justice of the Appellate Division - Fourth Judicial Department. They have filed a Notice of Appeal, and are hoping for an opportunity to be heard as soon as Monday.

While the Campaign for Greater Buffalo was concerned over the possible demolition of the 1897 grain elevator over the weekend, ADM Milling Co. said they don't anticipate any demolition by Monday. ADM says the demolition process with the Great Northern will be a methodical process, and that no walls should be coming down by Monday morning. That is unless the walls come down on their own at the hands of outside elements.

With all that coming into play, Justice Colaiacovo declined the Campaign for Greater Buffalo the Order to Show Cause and denied the stay against any demolition of the structure.

It was Wednesday afternoon when Justice Colaiacovo announced his ruling in favor of the City of Buffalo for issuing the order of an emergency demolition of the 1897 grain elevator for ADM Milling Co., the owner of the building.

"It is regrettable that the Court is required to make this determination," Colaiacovo wrote of the decision. "However, the present condition of the building, as well as the damage sustained during the December windstorm, renders this decision rather straightforward."

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 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.

According to Buffalo's Commissioner of Permit and Inspection, James Comerford, his decision to issue the order for emergency demolition of the Great Northern was solely for the purpose of public safety, and that there was no way anyone could say if or when the structure was bound for further collapse.

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Campaign for Greater Buffalo attorney Richard Berger after Friday's hearing on the Great Northern grain elevator
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Featured Image Photo Credit: Brayton J. Wilson - WBEN