City to sue owner of partially collapsed 19th century livery in Buffalo, New York

Two weeks after a 19th century stable and livery on Jersey Street partially collapsed and caused 15 homes to be evacuated in Buffalo, New York, residents still do not have answers from the city despite a court order to work with them and come to an agreement on a way to save some or all of the building, Wikinews has learned. Despite the frustration from residents, the city is planning on suing the building's owner. A rally was held at the stable's site where residents are hoping to bring more awareness to the situation and gain more support to save the building. On June 11, a significant portion of the stable's right side wall collapsed into the yard of a resident's home. Authorities, including the Buffalo Fire Department were called to the scene to evaluate the collapse and evacuate 15 homes of residents surrounding the stable as a precautionary measure. The following day, the city ordered an emergency demolition on the building, which was stopped by a restraining order residents with Save The Livery (www.savethelivery.com) won on June 14. Two weeks later, five homes are still evacuated and residents don't know when they will be able to return.

On June 19, Judge Justice Christopher Burns of the New York State Supreme Court ordered a halt to the emergency demolition and ordered the city and residents to come to an agreement to save the building, or at least a significant portion of it. Despite a court date today, no agreement has yet been reached between the two parties.

"It is in the interest of the city to have a safe environment--but also important to maintain a sense of historical preservation," stated Burns in his June 19th ruling. The court ruled that a limited demolition could take place and that the city was only allowed to remove material in immediate danger to residents and pedestrians, but stated that the demolition could only be performed with "hand tools." The court also ordered that any rubble which had fallen into neighboring yards when the building collapsed, to be removed. Since then, most of not all the significantly damaged portions of the building or portions in immediate danger of falling have been demolished. The roof has also been removed to put less stress on the stable's walls. "Its been over three years since we have been having problems with part of the livery falling down. There was an implosion two weeks ago and suddenly the city wanted to have an emergency demolition," said Catherine Herrick who lives on Summer Street immediately behind the stable and is the main plaintiff in the lawsuit against the city. Many homes on Summer are small cottages which were used as servants quarters when the stable was in operation, many of which were built in the 1820's. At least seven homes on Summer border the stable's back walls. Residents in those homes have significant gardens which have been planted against the building and growing for decades.

"Both parties are to continue to work together to see how we can meet everybody's needs. This is the third time we have been in that courtroom, and that is what we were basically told to do," added Herrick who said the rally was held today because this "is Buffalo's history. Buffalo is a wonderful place to live because of its history and this is a historical, beautiful building and we need to keep those beautiful buildings."

Herrick states that the city is working with residents, but also believes that its "slow moving" and they are allowing the owner to get away with neglect on the property.

"I believe right now that they are letting the owner get off. The owner was negligent for 20 years, and hasn't done anything to it despite what he has claimed to say. Now that this is an emergency situation, the city has a lot to say about it," added Herrick.

Currently the building is owned by Bob Freudenheim who has several building violations against him because its poor condition. He has received at least five violations in three months and residents who live near the building state that Freudenheim should be "100% responsible" for his actions.

Freudenheim gave the city permission to demolish the building on June 12 during an emergency Preservation Board meeting, because he would not be "rehabilitating the building anytime soon." Freudenheim, along with his wife Nina, were part-owners of the Hotel Lenox at 140 North Street in Buffalo and were advocates to stop the Elmwood Village Hotel from being built on the Southeast corner of Forest and Elmwood Avenues. They also financially supported a lawsuit in an attempt to stop the hotel from being built. Though it is not known exactly how long Freudenheim has owned the stable, Wikinews has learned that he was the owner while fighting to stop the hotel from being built. Residents say that he has been the owner for at least 22 years. Attorneys for Freudenheim confirm that the city is starting proceedings against him for his violations beginning as early as Wednesday June 25. Freudenheim has not released a statement and could not be reached for comment. Many residents want the building preserved and Herrick states that their engineer can have it stable in "four days" as opposed to the 14-30 days it would take to demolish the building and "at a lesser cost than what it costs to demolish it."

It will cost the city nearly US$300,000 to demolish the building which is paid for with tax money collected from residents in the city. The Buffalo News reports that fees are approaching $700,000. Though reports say there is a potential buyer of the stable, Wikinews cannot independently confirm those reports.

Residents say the stable was designed by Richard A. Waite, a 19th century architect, and was first owned by a company called White Bros., used as a stable and housed at least 30 horses at any given time. It also stored "coaches, coupes, broughams, Victorias and everything in the line of light livery," stated an article from the West Side Topics dated 1906. According to the article, The company first opened in 1881 on Thirteenth Street, now Normal Avenue, and later moved into the Jersey building in 1892. The Buffalo Fire Department believes the building was built around 1814, while the city property database states it was built in 1870. It is believed to be only one of three stables of this kind still standing in the country.

At about 1950, the stable was converted into an automobile body shop and gasoline station.A property record search showed that in 1950 at least four fuel storage tanks were installed on the property. Two are listed as 550 square feet while the other two are 2,000 square feet. All of the tanks are designated as a TK4, which New York State says is used for "below ground horizontal bulk fuel storage." The cost of installing a tank of that nature according to the state, at that time, included the tank itself, "excavation and backfill," but did not include "the piping, ballast, or hold-down slab orring." It is not known if the tanks are still on the property, but residents are concerned the city was not taking the precautions to find out.

Wikinews has called the city along with the Mayor's office several times, but both have yet to return our calls. There are conflicting reports as to the date of the next hearing. According to Herrick, the next hearing is July 1, 2008 though the Buffalo News states the next hearing is July 8. The News also states that Burns will make a final ruling on the stable at this time.