November 24, 2024
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Court filing delays ‘weather-tight’ order for Geneva blacksmith shop

Owners want to demolish 1840s structure; city wants compliance

By Brenda Schory
“Building for sale $1.00. Land not included. Must be relocated. Call Dave 630-444-8252.” The Shodeen Family Foundation, which owns the former Mill Race property at 4 E. State St., Geneva, seeks to have its historic designation removed and to raze it. A public hearing is still pending on the fate of the building.

“Building for sale $1.00. Land not included. Must be relocated. Call Dave 630-444-8252.” The city of Geneva cited the owners for not complying with the property maintenance code. New owners Mill Race Land Company LLC – with the Shodeen Group as its registered agent – filed court papers asking a judge to reverse a hearing officer's decision that it make the building 'weather-tight.' (Photo provided by David Patzelt)

Rather than follow a ruling to make a circa 1843 blacksmith shop at 4 E. State St. in Geneva “weather-tight” by Oct. 17, the owners have asked a judge to reverse the order.

The city of Geneva had cited Shodeen under its property maintenance code, alleging they failed to maintain the exterior of the limestone structure at the former Mill Race Inn property.

At a follow-up adjudication hearing Oct. 17 at Batavia City Hall, Shodeen attorney Daniel Konicek said they filed their complaint in circuit court that day. That was not what Geneva had hoped for.

“From our perspective, we were hoping for compliance,” Geneva city attorney Ronald Sandack said. “It takes two to engage and one entity wants to litigate ad infinitum – that’s his right, it’s his right – so we will go down that path again. This is No. 2 in that process.”

Sandack was referring to an earlier unsuccessful Shodeen court filing seeking to overturn the city’s refusal to allow it to demolish the limestone structure. The judge affirmed the city’s decision.

“I can’t speak (for) the city yet, but it seems to me that we probably have to start imposing fines,” Sandack said.

“What is the end game?” hearing officer Victor Puscas asked. “I suppose we could keep this at the administrative level for a while, owe some fines that are ultimately not going to get paid and you end up in circuit court anyway.”

Puscas said it could be closed that night and the two sides fight it out in circuit court entirely.

Sandack said he just received the court filing that night.

“We are already there,” Sandack said of a court fight. “With respect to the fines, I don’t know that we are prepared to close this out just yet. We may want to come back next month.”

Puscas scheduled the next adjudication hearing for 7 p.m. Thursday, Nov. 21, for further proceedings.

“And who knows, maybe before the next time we get together, you guys can have a solution where a real judge will make a decision,” Puscas said. “And we kick the proverbial can down the road. Best of luck to you both.”

As to when fines would start being imposed on Shodeen, Sandack said, “I have to check with the bosses.”

The former blacksmith shop has been at the center of a series of public hearings in which the owners asserted it would be too expensive to repurpose it.

Preservationists countered the owners were not willing to try other options.

The property is no longer owned by the Shodeen Family Foundation, but by another legal entity, Mill Race Land Company LLC, as of Sept. 27. The Shodeen Group LLC is listed as its registered agent, according to Secretary of State records.

Adjudication hearings for the cities of Batavia and Geneva are held at Batavia City Hall because the cities share the expense of the hearing officer.

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