Kingston has been mired in litigation over its plan to remove the "Pike Plan" canopies on Wall and North Front Streets. Mayor Steve Noble says the canopies, which date back to the 1970s, are beyond repair and serve as an unwanted reminder of the Urban Renewal era in Kingston. But developer Neil Bender’s William Gottlieb Real Estate, which owns some of the impacted properties, says they are historically significant.
The first of three lawsuits filed by the developer was dismissed by a judge in January, but it appealed the decision. Monday’s preliminary injunction requires the canopies to remain until that appeal is ruled on, which will likely take until the fall.
Attorney William Hurst, who represents the developer, says he’s pleased with the decision.
“We think that that will give us the breathing room we need to actually get a better understanding of what the Pike Plan is, who owns it, what are the parties respective rights in it and whether it can be demolished — and if so, under what conditions," he adds.
The court didn’t expand on its reasoning for the order. Noble, a Democrat, had wanted to start demolition as soon as April, and the city council has already voted twice to spend $1.2 million on the job.
In a statement, Noble says in part, “The safety of our residents is our utmost concern.” He says the city will monitor the canopies, make emergency repairs as needed, and continue working to secure a contractor for the demolition.
Speaking with WAMC Friday, Third Ward Alderman Reynolds Scott-Childress said the Pike Plan has simply reached the end of its life.
"Unfortunately the design was poor, and the construction was also poor," he noted. "And so it’s in a situation where we’re concerned that the structure is no longer feasible.”
Not everyone on the common council is pleased with the demolition plans. At its last meeting, Second Ward Alderman Michael Tierney voted against a resolution to pull money from the city’s fund balance for it (It's also seeking a bond to recoup the cost). Tierney has said he agrees the canopies need to come down, but he’d like to the city replace them.
“I cannot vote for a resolution that, in my opinion, destroys a seminal part of what makes Kingston Kingston," said Tierney. "However, I do support the efforts to make sure that the city repairs any of the facade work that’s going on there.”
Noble has said rebuilding the canopies would cost around $10 million, and that maintaining them would cost $150,000 a year — burdens that, he says, would ultimately pass on to the property owners, according to easements granted at the time the canopies were installed.
At issue in the appeal is who owns the Pike Plan, who is responsible for what, and what the city can and cannot do to them. William Gottlieb Real Estate argues the canopies are permanent “fixtures” of the buildings they’re attached to, and that the city agreed to maintain them when they were erected in the 1970s. In his statement, Noble says calling them “fixtures” would "be a huge burden for all the property owners who don’t have unlimited resources and the deep pockets of Neil Bender.”
William Gottlieb Real Estate has also filed two other lawsuits challenging the council’s votes on funding for the demolition. Hurst says those lawsuits will continue, but today, he’s celebrating.
“This decision rescues uptown Kingston from the disruption of an unplanned demolition project during the heart of the spring and summer business and tourism season, so it is a positive outcome for all of uptown Kingston," he says. "And as I said, one that allows the breathing room for the judicial process to run its course.”
