Second lawsuit filed against the city for demolition of Anthony’s on the River

YOUNGSTOWN — Two Bridges LLC filed a second lawsuit against the city of Youngstown for the emergency demolition of Anthony's on the River.

Charles Dunlap, attorney for the plaintiffs, said the second lawsuit was filed as a constitutional challenge to an emergency ordinance for the building's demolition. It also claims fire Chief Barry Finley’s exercise of police power exceeds the limitations of state law and seeks monetary damages for violation of Two Bridges' civil rights.

The suit would determine whether the demolition was constitutional — if not, the city would be responsible for the demolition costs, not Two Bridges, Dunlap said.

The lawsuit would also determine the worth of the building, 15 Oak Hill Ave., before it was demolished and if Two Bridges would be entitled to any of the property value lost after its demolition. Prior to demolition, the property was valued at $150,000. It is now worth less than $3,000, according to the complaint.

Two Bridges LLC had previously filed a lawsuit against the city, city demolition Superintendent Mike Durkin and Chief Finley in September for demolishing the building without notice or hearing prior to the demolition.

Finley during an August council meeting said he has the ability to declare an emergency demolition if a structure is an immediate threat to the public or firefighters. An owner of a building does not need to be informed before the emergency demolition is completed, he said. Finley determined the structure had become worse with bricks falling on the sidewalk and the roof threatening to collapse.

The building was demolished on Aug. 22.

The first lawsuit was filed as an administrative appeal because it's unclear whether the city has a process to remedy Two Bridges' complaint. The city filed a motion to dismiss the first complaint but it is still pending, Dunlap said. A phone conference is set for this morning.

Dunlap expects the two suits will be merged.

The demolition was completed four days prior to city council voting on an ordinance to approve the $48,000 funding for the demolition on Aug. 26. City council members rejected the ordinance in a 4-3 vote on Aug. 27.

This story was originally published November 18, 2020 at 5:22 AM with the headline "Second lawsuit filed against the city for demolition of Anthony’s on the River."