BUFFALO, N.Y. — A judge has ordered both sides in a dispute on whether to save a historic grain elevator to enter into mediation before he is forced to make a decision on the fate of the Buffalo waterfront landmark, which sustained heavy damage during a ferocious wind storm on December 11.
Archer Daniels Midland, which owns the the125-year-old Great Northern Gairn Elevator (which has been inoperable for 40 years) has tried several times over the years to get permission to demolish it.
At each turn, their bid to tear down the building has been fought by preservationists.
"It's a city of Buffalo landmark, it's a national registered property, and it's the sole remaining working house brick box elevator," said Campaign for Greater Buffalo Executive Director Tim Tielman. "If the great northern goes, that's it for that historic form of the elevator and that is what catapulted Buffalo to worldwide prominence."
After a partial collapse of its northern wall during the storm, the city's department of permits and inspections issued ADM an emergency demolition permit.
The Campaign for Greater Buffalo went to court seeking an injunction against demolition
"My main concern is for public safety," said Commissioner of Permits and Inspections James Comerford. "When you have a big gaping hole that's not a mirage, that's a concern."
At the same time, however, Mayor Byron Brown has stated that he hopes the structure can be saved, urging ADM to explore existing tax credits for historic buildings which could aid in the cost of preservation, or toward turning it into something else, either by ADM or someone else, like Douglas Jamel, a developer who has indicated an interest in getting involved.
Done properly, Tielman insists 95% of the cost of stabilizing, remediating, and adapting the building for reuse could be recovered.
Acknowledging that something needs to be done and soon, but also the passion some hold for the structure, State Supreme Court Justice Emilio Colaiacovo instead of ruling on whether the building's demolition can go forward, ordered both sides to enter talks before a mediator, to see if something can be worked out.
Colaiacovo asked former State Supreme Court Justice and certified mediator Barbara Howe to assist the sides in trying to reach a settlement, and talks with her were scheduled to begin only an hour after today's court proceeding concluded.
"It's a great invitation for mediation and it's something we didn't anticipate," said Tielman.
However, the judge also instructed both parties that if nothing were settled in a week then he would not hesitate to issue a decision on the building's fate.
"We certainly will cooperate with what the judge has directed and we'll be back here when the judge has a decision," said Brain Melber, an attorney representing Archer Daniels Midland.
RELATED STORY: