LISBON — Heggy’s in Salem is seeking monetary damages against the contractor who demolished the former Schory building on East State Street for claims which include negligence, trespass, nuisance and breach of contract.

The restaurant located at 296 E. State St., Salem sustained damage when a large portion of wall at the Schory property next door was toppled over by the excavator of Veterans Energy and Construction Services, LLC on Nov. 10, 2024, “causing it to crash down into and upon plaintiff’s abutting restaurant and large outdoor walk-in freezer, resulting in severe structural damage to the property,” the lawsuit document said.

Heggy’s Alliance & Salem Gen 3 LLC, Alliance, filed the lawsuit Tuesday morning against the construction company with addresses in East Liverpool and Akron and against Kevin Kerr, East Liverpool, a principal of the company.

The now demolished building had been owned by former Salem city councilman Earl “Bud” Schory and previously housed his law office and a Kitchen Classics business. The building butted up against the Heggy’s restaurant to the east and BB Rooners on the west.

According to the lawsuit, the defendants failed to surround the area with barricades to prevent entry and protect life safety, failed to construct any protective barrier to keep debris from falling onto the property or other properties or persons, failed to demolish the masonry wall of the Schory property in a safe manner, such as with scaffolding and hand demolition, failed to use debris chutes to safety guide debris to a waste container, failed to take measures to control a dust plume which potentially contained asbestos from cascading onto the property and negligently used a large excavator that was too large to attempt the close quarter precise demolition needed to prevent collateral damage.

The restaurant sustained damages from the destruction of the property, loss of revenue due to having to close, added employee expenses, temporary refrigeration rentals, legal fees and significant reconstruction costs.

“Following the demolition incident, defendants insisted that plaintiff not turn in an insurance claim, but instead allow defendants to start making repairs, most notable to the outdoor freezer which was destroyed by debris fall,” the lawsuit said.

According to the claim, Heggy’s secured a bid from a reputable HVAC contractor to install a new outdoor freezer unit, but the defendants rejected the pricing and insisted on installing a new unit themselves.

The unit was replaced, but not until May 2025 and the lawsuit said the defendants actually installed a used freezer unit, with flawed electrical work, causing more delay and cost. The defendants also failed to obtain the necessary permits to do the promised reconstruction work, forcing Heggy’s to contract with another construction company in July 2025.

Reconstruction costs totaling $162,638 for Heggy’s, along with temporary refrigeration, lost revenue, delay, added employee costs and legal fees totaling $69,268.

The restaurant was eventually able to reopen.