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Hearing on Fantastic building postponed

June 17, 2011

LISBON - The two attorneys representing the city of Salem and Tim and Deborah Smith jointly asked Judge Ashley Pike for a continuance Thursday in Columbiana County Common Pleas Court.

Both attorneys, Brian Macala and City Law Director Brooke Zellers, indicated to Pike they are looking at options for a settlement which would be beneficial for both sides.

Salem filed a lawsuit against the couple in April after repeated concerns by fire department building inspectors about the condition of a building at 363 E. State St. owned by the Smiths, who run the TanFastic business.

Fire Inspector Mike Burns signed a citation on Nov. 16 requiring repairs be made or the damaged portions of the building demolished. Instead, subsequent reports noted the building's roof continued to leak and there were expanding holes in the upper floors.

Falling debris was a danger to nearby buildings, including the Butler Museum of American Art, which has been damaged by debris at least twice.

The earliest report of damage to the building was a June 2008 fire department report.

The next hearing is now scheduled Sept. 16. Pike had previously ruled for a temporary restraining order denying use of the building. That order stands.



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