The City of Sedalia says it can proceed with the emergency demolition of a collapsing building on West Main Street, but a Pettis County judge has denied its request for injunctive relief.

Judge Jeff Mittelhauser ruled Thursday, July 31 that the city already has the authority under state law to enact an ordinance providing for the removal of dangerous buildings and provide due process for the building owners. In his four-page ruling, Mittelhauser says that the city’s building inspector already, “has the authority to decide that a dangerous building requires immediate demolition to protect the public.”

However, Mittelhauser took issue with the city’s decision to seek a court order, suggesting that the city may have been seeking “judicial cover” where the court is without authority to grant it. Mittelhauser then denied several items sought by Sedalia officials in an amended petition, including the ability to remove items of value from adjoining buildings, and to place all costs for demolition on building owners Dana Melton and Travis Dixon. The judge ruled that the city already has the ability to seek a search warrant on the neighboring buildings to determine the presence of asbestos and flammable materials.

In a statement issued by the city, Sedalia city attorney Todd Smith said that the city brought the case, “out of an abundance of caution” and that despite the denial of their amended request, the ruling confirmed Sedalia’s municipal ordinances provided the legal authority to act. The city adds that they, “appreciate the Court’s clarity” and will proceed with their efforts to remove the building.

Deterioration of the building at 207 W. Main has increased over the past two months, prompting the city to close Main Street in front of the structure. Sedalia officials cited an inspection report from structural engineer Frank Comer that found the building was at risk of imminent collapse, and that the building was also pulling on the neighboring structures.