Newton goes to trial Oct. 3 over building damaged by derecho

The trial date has been set for a lawsuit against a property owner whose building in downtown Newton was damaged by the derecho and remains unfixed. City of Newton’s attorneys allege Chedester Properties, LLC has not resolved outstanding issues with the building, resulting in a public safety hazard.

According to city attorneys, the trial is scheduled for Oct. 3.

Michael Heilman, a municipal litigation attorney at the Brick Gentry, P.C. law firm, was prompted by city council member Vicki Wade to give an update of the case at the Aug. 7 meeting at city hall. Heilman said the case was first filed back in 2021 and has encountered numerous delays.

“One of the realities is, like everything, COVID created a lot of backlog for the court systems,” Heilman said to council members. “All of the 2020 cases got put on hold and came to a hard stop. They got rescheduled in 2021, and what that did is everything filed in 2021 got pushed towards the end of 2022.”

The death of one of the defendants also resulted in a continuance of the case, delaying litigation even further.

“Unfortunately, the wheels of justice turn slowly, and this case has been no different,” Heilman said. “But the city has been doing what it needs to do to move along. There have been multiple summary judgement motions submitted to the court along the way. What those do is (say to) the court … there’s no need for a trial.”

Which is done in an effort to save litigation costs and costs to the court system, but Heilman said the judge declined to award summary judgement and set it for trial. The city’s attorneys have pursued every procedural avenue that exists prior to trial, but the court has decided to submit it for formal trial.

In April 2021, Newton News reported the building at 209 W. Second St. N. in Newton had its facade torn off from the high-speed winds from the derecho. When the storm hit, bricks were strewn about the street, and the building’s upstairs interior was left completely exposed.

Since then wooden boards have been installed in the apartment dwelling, and part of the road and street parking has been closed off by fencing. Newton City Administrator Matt Muckler said at the time a partial street closure was necessary in order to provide safety, but the damage is affecting other businesses.

“Adjacent businesses have been adversely impacted for more than eight months, during which time the property owner has failed to take responsibility for the property,” Muckler said in April 2021, which means the residents and businesses have been adversely impacted for nearly 36 months, or three years, at this point.

“As city taxpayers should not be placed in the position of paying to either repair or demolish this private business, the city council has directed the city attorney to file litigation in order to hold the owner (of the property) accountable,” Muckler continued.

The building was formerly occupied by the Apples of Gold Center for Learning.