Appeal in lawsuit over crumbling Jefferson City building could delay demolition further

The buildings at 200 and 202 E. High. St. sit in October as decisions are made about what to do with the crumbling building and it's neighbor.
The buildings at 200 and 202 E. High. St. sit in October as decisions are made about what to do with the crumbling building and it's neighbor.

The owners of a damaged downtown Jefferson City building have filed an appeal in hopes of saving their structure from demolition.

Carol and Ruben Wieberg, owners of 202 E. High St., filed an appeal with the Missouri Western District Court of Appeals last Friday. They are asking the court to reconsider Cole County Presiding Judge Pat Joyce's judgment.

In June 2018, the west wall of the building at 200 E. High St., owned by Neidert Properties LLC partially collapsed. Structural engineers determined the wall had collapsed due to water infiltration and hidden decay of the mortar in the wall.

The buildings at 200 and 202 E. High St. have a common wall, linking the two structures.

Joyce ruled in June - and later reaffirmed in October - that Neidert Properties owns the common wall between 200 and 202 E. High St. and may proceed with demolishing 200 E. High St.

The appeal process could take 12-18 months, according to court documents.

Along with the appeal, the Wiebergs filed for a stay of execution of judgment and asked the court to set a supersedeas bond - also known as a defendant's appeal bond - of $250 to prevent Neidert Properties from acting on the judgment.

"In the event Neidert executes the order and judgment, the Wiebergs' entire building will inevitably fail thereby causing them (the Wiebergs) irreparable harm," according to court documents.

A hearing regarding the stay of execution of judgment is set for 1:30 p.m. Oct. 21 in Joyce's courtroom.

Attorney David Bandre, who represents the Wiebergs, did not return the News Tribune's requests for comment Wednesday.

Michael Berry, representing Neidert Properties LLC, said he did not wish to comment on the appeal.

Last week, the city sent notices to the Wiebergs and Neidert Properties saying the Wiebergs have until Dec. 9 to begin "meaningful on-site work to repair or demolish" their building, according to city documents. If work does not commence by that date, the city will begin demolishing 200 and 202 E. High St. on Dec. 10, according to the notice.

City Counselor Ryan Moehlman told the News Tribune on Thursday the appeal is not going to impact the city's Dec. 9 deadline.

Neidert Properties applied for a demolition permit in September. City staff has not approved the demolition permit, Jefferson City Building Official Larry Burkhardt said earlier this week.

Andrew Neidert, of Neidert Properties, previously told the News Tribune he planned to demolish all of 200 E. High St., including the common wall between 200 and 202 E. High St.

The city ruled 200 and 202 E. High St. were dangerous buildings a year ago and gave Neidert and the Wiebergs deadlines to repair or demolish their buildings, which both property owners missed.

After they missed the deadlines, the city conducted administrative hearings and ruled the city could begin abatement if the property owners did not repair or demolish 200 and 202 E. High St.

The Wiebergs filed a lawsuit against the city in March, asking for a new hearing. In June, Joyce affirmed the city's ruling that 202 E. High St. was a dangerous building and the Wiebergs must repair or demolish the property.

Law firms Berry Wilson LLC and Turnbull & Stark LLC were previously located in 200 E. High St. Businesses Love2Nourish and MO Juice were previously located inside 202 E. High St.