Different judge to hear case involving collapsed building|[11/21/06]
Published 12:00 am Tuesday, November 21, 2006
A decision on whether buildings in and around a downtown collapse will be preserved or demolished has been delayed and reassigned to another judge.
The case had been set for a hearing this month before one judge of the chancery court district that includes Vicksburg, Jane Weathersby of Indianola, but it has been reassigned to another, Marie Wilson of Greenville, and delayed indefinitely.
The reassignment was made five days before the hearing was to have happened by the Vicksburg-based chancellor, Vicki Roach Barnes.
“It became apparent that the trial date would have to be reset for a date in the extended future because of Judge Weathersby’s busy docket and the conflicting schedules of the attorneys in this case,” an order signed by Barnes’ administrator Cynthia Peters says, adding that the case has been assigned to Wilson.
Buildings at 711 and 713 Clay St. collapsed, mostly to the ground, on Jan. 25. Workers were inside preparing for remodeling, but all escaped just before the masonry structures imploded. Adjacent addresses, 707 and 709 Clay St., were also placed at risk of collapse.
The buildings are owned by Preston and Mary Reuther. They want to demolish what remains of them, saying that’s their least-expensive alternative.
Vicksburg officials, on the other hand, want the buildings preserved as much as possible.
Pending before the court is a hearing on an Aug. 11 petition by the Reuthers for an injunction against the city.
The Reuthers’ petition says that in June they “entered into a contract for the manual dismantling of the buildings, began that work and were subsequently issued a stop-work order by the city and threatened that individuals in violation of the order would be subject to arrest.”
The Reuthers filed their petition on the last day of a 30-day period set by the city for their contractor to submit plans of work for the property. No plans were submitted as required for city construction or demolition work.
The petition accuses the city of advertising for bids for stabilizing, as opposed to dismantling, of the property and attempting to assess all costs to the Reuthers.
“The expected cost of stabilization of the subject property is expected to exceed the original cost of the property,” says the document, filed by Flowood attorney Phillip Buffington.
Mayor Laurence Leyens has said the buildings are historic and can be saved in an economical way. In February he and both city aldermen voted down the Reuthers’ initial request for a permit to demolish the buildings in February.
The contractor the Reuthers hired to dismantle the buildings has been identified as Bill Greenwood of Bentonia-based Antique Wood and Brick of Mississippi. Prior to his hiring, at least three other contractors or engineers had also been hired to do engineering or stabilization work on the structures.
Debris remains around the collapse area, which is fenced-in. The block of Clay Street in front of it remained closed for months but had reopened by mid-August.
Attorneys for the Reuthers had yet to request a rescheduling of the hearing, Peters said Monday. A phone message left with Buffington’s office was not returned.