Geneva blacksmith shop’s owners ask court to reverse order
Rather than follow a ruling to make a circa 1843 blacksmith shop near downtown Geneva “weather-tight” by Oct. 17, its owners have asked a judge to reverse the order.
Geneva had cited owner Mill Race Land Company LLC under its property maintenance code, alleging that it failed to maintain the exterior of the limestone structure at 4 E. State St., on the former Mill Race Inn property.
At a follow-up adjudication hearing Thursday night at Batavia City Hall, the owner’s attorney, Daniel Konicek, said they filed their a request in court earlier in the day seeking to reverse the order.
“From our perspective, we were hoping for compliance,” city attorney Ronald Sandack said of Shodeen’s filing. “It takes two to engage. And one entity wants to litigate ad infinitum — that’s his right, it’s his right — so we will go down that path again. This is No. 2 in that process.”
Sandack was referring to an earlier, unsuccessful Shodeen court filing seeking to overturn the city’s refusal to allow the building’s demolition. The judge affirmed the city’s decision.
“I can’t speak (for) the city yet, but it seems to me that we probably have to start imposing fines,” Sandack said.
Hearing officer Victor Puscas scheduled the next adjudication hearing for 7 p.m. Thursday, Nov. 21.
“And who knows, maybe before the next time we get together, you guys can have a solution, where a real judge will make a decision,” Puscas said. “And we kick the proverbial can down the road. Best of luck to you both.”
As to when fines would start being imposed on Shodeen, Sandack said, “I have to check with the bosses.”
The former blacksmith shop has been at the center of a series of public hearings where the owners asserted it would be too expensive to repurpose it.
Preservationists countered that the owners were not willing to try other options.
The property is no longer owned by the Shodeen Family Foundation, but by another legal entity, Mill Race Land Company LLC, as of Sept. 27. The Shodeen Group LLC is listed as its registered agent, according to Secretary of State records.