The owners of two crumbling buildings in downtown Jefferson City asked Cole County Presiding Judge Pat Joyce during a Thursday hearing to decide who should maintain the shared wall between the two structures.
In June 2018, the west wall at 200 E. High St. partially collapsed due to water infiltration and hidden decay of the mortar in the wall. The properties at 200 and 202 E. High St. share a common wall, and city staff ruled last fall that this wall was failing.
Andrew Neidert, owner of 200 E. High St., filed a declaratory judgment action against Carol and Ruben Wieberg, owners of 202 E. High St., last October, and the Wiebergs filed a counter-petition in response.
It is not a question of whether Neidert should demolish his building, said Michael Berry, representing Neidert Properties, and Brian Francka, representing the Wiebergs. The question is whether Neidert or the Wiebergs should construct or maintain the shared wall between the buildings.
An 1898 agreement between the two property owners at that time conveyed a 1-foot strip along the easterly edge of 200 E. High St. to the owner of 202 E. High St. It gave the owner of 202 E. High St. permission to construct a building and insert beams and timbers into the easterly wall of 200 E. High St.
The agreement noted the owner of 202 E. High St. could "enjoy and occupy" but not own the easterly wall.
The agreement would be nullified if the easterly wall was "condemned or destroyed by accident or providential causes."
City staff ruled the structures were dangerous buildings and ordered the tenants of 200 and 202 E. High St. to vacate the buildings last fall. In January, the city ruled Neidert must demolish or repair his property or face city abatement.
While the city did not use the word "condemnation" in its January ruling, Berry said, it did rule Neidert must demolish 200 E. High St., which nullified the 1898 agreement.
Since the wall is also Neidert's, he added, Neidert has the right to demolish his building and is not obligated to maintain the shared wall between 200 and 202 E. High St.
"Andy needs to tear it down," Berry said. "This agreement doesn't say he needs to maintain it."
The Wiebergs do not believe the wall has been condemned since there was not a condemnation hearing, Francka said. The city only ruled the buildings are nuisances and dangerous, he added.
"Neidert has the duty and obligation to maintain the integrity of the wall," Francka said. "We believe that provision has not happened and the 1898 contract is still in effect."
An engineer provided several demolition options, including ways to preserve the shared wall but still demolish 200 E. High St., Francka added.
If Neidert demolished his building and did not try to preserve that wall, Francka said, it would create a "domino effect" because 202 E. High St. shares walls with 200 E. High St. and 204 E. High St.
Joyce did not indicate when she would rule on the case.
Neidert had until Dec. 31, 2018, and the Wiebergs until Jan. 31, 2019, to repair or demolish their buildings after the city ruled the buildings dangerous last fall. When neither property owner met these deadlines, the city began the administrative hearing process to demolish the buildings.
In mid-March, the city gave Neidert and the Wiebergs 60 days to repair or demolish their properties or face city abatement. The Wiebergs filed a lawsuit against the city shortly after that ruling, asking for a new hearing before Joyce.
Even though the deadline for Neidert and the Wiebergs to repair their properties passed earlier this week, Joyce issued a stay last month, preventing the city from taking action at 202 E. High St. City Counselor Ryan Moehlman said the city would wait until court litigation clears up before moving forward with the abatement process on 200 and 202 E. High St.
Moehlman attended Thursday's hearing.