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Plans for the replacement of the Uptown Wendy's building have been cloaked in mystery much as the building itself has been blanketed in tarps of blue and brown.

And the mystery continues due to pending litigation owner Chris Rodbro has filed against the city of Oxford.

According to the Butler County Clerk of Courts, motion for action was filed on Aug. 29. The case pits Main and High Development against the city of Oxford. Major parties include Rodbro and Rumpke Recycling owner Bernard Rumpke as plaintiffs and City Manager Jane Howington as defendant.

Mike Gmoser, co-counsel for the plaintiffs, says there are several claims filed in the suit involving the conduct of Oxford city management. Among those allegations are legislative actions Oxford had taken, fraud and deceit.

The most notable concern in the case revolves around the preservation of the Wendy's building that caught on fire in August 2005.

"We are asking for the status quo (of the building) until the case is decided," Gmoser said.

But the city is steadfast in wanting to either remediate or remove the building.

"We have rules and regulations (for building compliance)," Howington said. "That building is not in compliance of our codes."

Howington had given Rodbro a deadline of Sept. 10 to fix the building before the city would step in.

A preliminary injunction hearing will take place in October to determine if the city will be able to take action on the building.

Meanwhile, though Uptown Oxford will not be seeing a Wendy's, ground has been broken for construction of a Wendy's in the Westgate shopping mall.

Rodbro plans for it to open in the middle of November.