The city has filed a lawsuit against Thompson Appliance in Woodstock to force the demolition of the building that remains following a collapse in December, saying the owner has not made progress on the “serious” safety issue.
The City of Woodstock announced Friday they have filed a legal action with the McHenry County Circuit Court seeking authorization to proceed with the demolition of the Thompson Appliance building, located at 318 Clay Street in Woodstock.
The city said they took the action after the property owner failed to provide the information required by the city within the established timeframe.
The city’s decision follows more than seven months of ongoing efforts to work collaboratively with the property owners after a partial collapse of the building on December 3.
City officials said they have extended deadlines, met personally with members of the family business and explored opportunities to allow the owners to voluntarily address the dangerous condition of the property.
The building remains in an unsafe condition and continues to present a “significant public safety concern” despite the efforts.
“Moving forward with legal action was not a decision the City reached lightly,” Woodstock Mayor Mike Turner said.
“Over the past several months, I and City staff have met personally with the family on multiple occasions because our preference has always been to resolve this matter cooperatively. We recognize the history of this business in our community and appreciate the family’s willingness to engage in discussions,” Turner said.
”Unfortunately, despite additional time and repeated opportunities to move the project forward, the building continues to pose a serious safety risk. At this point, we have an obligation to protect the public and pursue the legal remedies available to us,” he added.
City building inspectors responded on December 3 after the Woodstock Police Department observed that the ceiling had begun collapsing into the building and secured the area.
City building inspectors inspected the structure and determined it was unsafe for occupancy.
A structural engineer later confirmed that while the rear portion of the building remained stable, the front section required demolition. Temporary safety measures were implemented while the property owners evaluated long-term options.
To prepare for the possibility of demolition, city staff have begun obtaining demolition cost estimates and developing a project timeline.
The city is also coordinating the environmental review and remediation required before demolition, including compliance with EPA and other asbestos regulations. “These preparations will allow the project to move forward promptly once legal authorization is received,” the city said.
“Our goal is a safe and timely resolution that protects our residents while minimizing additional costs and delays whenever possible,” Turner said. “We remain hopeful this matter can be resolved in a way that serves both the community and the property owners.”
The Woodstock City Council previously voted unanimously to pass a motion to allow the city attorney the right to proceed with legal action.
The city council had previously delayed the vote on the motion in early April after business owner Bob Thompson and his daughter showed up to that council meeting and showed willingness to work with the city.
City attorney David Noland said the building remained in a “dangerous and unsafe” condition following the collapse. The property is currently fenced off, boarded up and has temporary supports.
The owner was previously non-responsive to emails and calls from city staff about a long-term solution, Noland said.
The costs of the demolition or repair, costs related to enforcement, plus court costs and reasonable attorney’s fees, are recoverable against the owner, Noland said.
The costs are a lien against the property, which RLT Partners, LLC owns.
Hailey Thompson, the oldest daughter of business owner Bob Thompson, spoke in April to the city council and said the collapse occurred due to heavy snow.
She said no one was allowed into the building for almost a month, which delayed work in clearing the building but was then hampered by the presence of asbestos.
Hailey Thompson said conditions improved and her father was continuing working to clear the building. She said pursuing legal action against her father is “unproductive” and “unnecessary.”
Turner said at that time that he gives his sympathies to the family for what happened to their business and that it was “devastating.”
Turner said a later city council meeting that it had been five months now that the destroyed building has been putting the public at risk, blocking the sidewalk and resulting in an ongoing road closure.
He said residents and businesses have grown increasingly agitated over the situation.
The business was not open when the collapse occurred and a further assessment indicated an imminent collapse of the entire building.
No injuries were reported but the building was deemed uninhabitable.
The building was later seen further degrading in December, with a portion of the upper facade, including the business sign, coming down.
Thompson Appliance is a family business created almost 100 years ago that opened its first store in Woodstock in 1929, according to its website. It features a 6,200-square-foot showroom with a variety of appliances for sale.