Demolition work can resume at the site of a proposed $8-$9 million downtown Washington square brewpub.
A request for an injunction sought by adjoining property owner Marlene Miller, who said she had multiple concerns about how the planned demolition and construction would impact her property, was taken off the table Friday before a hearing in Tazewell County Court.
That's because attorneys for Miller and the brewpub developers hashed out an agreement this week.
Brian Mooty, Miller's attorney, said outside the courtroom that Miller is relieved, happy and cautiously optimistic that her issues with the developers will be resolved, she can work with the developers to make sure her building is protected, and agreements are in place to protect her easement rights.
"Hopefully, we won't have to be in court anymore," he said.
Mooty said he believes the legal proceedings forced the developers to finally work with Miller.
"I really do. We weren't getting much response from them until we filed the lawsuit (last week) to stop the demolition (which began a day earlier) and got a temporary restraining order (which expired Friday)," he said. "Meetings quickly ensued. To their credit, things were pretty quickly worked out."
The brewpub developers are Peru-based CL Real Estate Development and Tangled Roots Brewing Company, and Washington residents Jeffrey and Kelly Pohl.
Miller and representatives from the Washington Historical Society, another adjoining neighbor to the brewpub site, each have said they're not against the brewpub project, but have had issues for months trying to communicate with the developers about concerns involving their properties.
Kelly Pohl disputes that version of the story.
"We're not the bad guys here," she said. "We've been reaching out to Marlene and the Washington Historical Society since January so we could sit down and hear their concerns. They wouldn't meet with us.
"Lawyers (for Miller and the developers) talked and reached an agreement within 24 hours. There was no need for that to happen. We got bad press and people said bad things about our project on social media because of the lawsuit. And the delay cost us $10,000."
Miller also received criticism on social media.
The brewpub site is at 140 Washington Square and 112 Walnut St. Miller's property, which includes an art studio and living space, is at 114 Walnut St. The Historical Society's headquarters is at 128 Washington Square in a historic former bank building.
The brewpub developers' project plans, according to a redevelopment agreement with the city, include at least 6,000 square feet of brewpub/restaurant space on the first floor and 2,000 square feet of indoor/outdoor brewpub/restaurant space on the second floor. Residential units also are planned on the second floor to boost revenue.
While the developers missed a March 1 city deadline to begin demolition and construction of their project, a required grand opening by Dec. 1 is still planned.
The city has agreed to pay the developers up to $980,000 in TIF money for the project and has doled out $550,000 so far.
The developers say the brewpub will generate about $120,000 in sales tax money annually based on annual revenue of $4 million, plus help nearby businesses and provide employment.
City officials learned this week that the developers plan to ask the city next month for financial assistance for two projects not associated with the brewpub, but in nearby buildings owned by the developers.
This financial assistance would come from the city's general fund, which provides funding for things like city employee salaries, city projects and city equipment.
