OxfordPress.com

More than two years after being damaged by a fire, Uptown Oxford's former Wendy's may be about to get a facelift.

Judge Andrew Nastoff filed paperwork Oct. 2 denying the owner's motion for a preliminary injunction, ending one piece of the litigation that has been pending since August of last year.

"I think it's great that the process is finally moving forward," Councilman Alan Kyger said. "The judge has finally made his decision and now we can move on to the next step and see if the building can be renovated or replaced."

Main and High Development, a limited liability company comprised of Christopher Rodbro and Bernard Rumpke, filed for a preliminary injunction after the city changed zoning regulations during an emergency meeting last August.

According to city officials, Main and High manager Matt Rodbro has taken out an application to renovate the building, and says the company is in the process of talking with several undisclosed national franchises to occupy the property.

Oxford Law Director Stephen McHugh said the owners have estimated repairs at approximately $300,000.

"The city can proceed with respect to litigation and various issues the city has with the building," McHugh said. "We'll be monitoring the applicant's actions with regards to renovations, as there are certain milestones that must be met along the way."

Mayor Jerome Conley said he hopes that the building will be renovated or torn down and rebuilt in a timely manner. He said the city will work with the applicant to comply with Nastoff's ruling as well as city codes.

"It basically says the city can pursue either to raze the building or to encourage them to renovate the building," Conley said. "We hope it can serve as a sort of catalyst for them to take action and perhaps we can see some construction on the property as soon as possible."

Conley said the building's condition is on the minds of students, visitors and more permanent residents of the community.

"Associated Student Government has come forward to note how it's impacting students in a negative way," he said. "Visitors who were here for homecoming voiced concern to me and long-term residents have ongoing concerns about the commercial viability of our Uptown area."

Michael Gmoser, the attorney representing Main and High Development, said although the judge had ruled against his client's preliminary injunction, a permanent injunction is not out of the question.

"While the injunction was denied at this point, that doesn't mean it can't happen down the road," Gmoser said. "There will be additional litigation in this case — it might be appropriate to say it's far from over."

Matt Rodbro declined commenting on Nastoff's ruling and future plans for the property.

"Really, this is both good and bad news," Kyger said. "Once they took out the permit to rehab the building they still have the two years to do so. What that means is that the wait is still on."

Kyger said the city's charter amendment, if passed in November, will likely aid in resolving the issue.

"If it goes through, he will be able to keep it all as one lot, then build however many apartments the lot's area allows him to," Kyger said.

The lot in question, located at 2 S. Main Street, housed a Wendy's restaurant until an August 2005 fire closed it down. Following the fire, Main and High planned to split the location into four different lots, erecting one dozen apartments above the combined commercial space. The lots would have each been 2,100 square feet — placing them 900 square feet below the city's 3,000 square foot requirement.

Council first implemented the 3,000 square foot limit at an emergency meeting after realizing Oxford's codes contained no procedures or regulations regarding dividing lot space.

The initial lawsuit accused the city of Oxford, former City Manger Jane Howington and City Council of "civil rights violations, violating the City's municipal charter and violations of R.C. 12.22, Ohio's Sunshine Law." Main and High alleged council's emergency meeting was unjustified and notice of the meeting was improper.

Contact this reporter at (513) 523-4139 or

rgauthier

@coxohio.com.