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Attorney: ‘Do what’s best for the community’

April 28, 2013

SALEM — Brian Macala, the attorney for the owners of the TanFastic building in downtown Salem, said his clients are “more than willing to cooperate and do what’s best for the community....

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(38)

concerned

Apr-29-13 11:38 AM

KSbug79 I agree with what you have said. That is basically what I have been saying. That the wheels of justice has been set in motion which is all than can be done. While we may not like how slow those wheels turn, I don't think anyone would really want to live in a country where the government had the power to tell people what to do with their privately owned property without due process of law. If we ever get to that point we would be at the mercy of a government that may or may not operate fairly. I for one don't want to take that chance. I like our system. While the wheels of justice are moving slowly, they are moving. I believe the city has done what they had to do to get this matter settled legally. I think they have met their legal obligation in the matter and have done everything that they can legally do up to this point. It is now up to the court system as to who has to do what.

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KsBug79

Apr-29-13 11:14 AM

Concerned said something earlier about both building owners need to take ownership & repair their own buildings if it's a joint wall. That's the problem, the Smiths had no intention of repairing their building. That's why the Butler complained. Smith's damaged wall caused roof damage; then leaking rain into their building. THAT started the process. For Watchdog - the FD did their job in citing the owner of the Tanfastic building to fix their wall that was damaging the Butler. When that didn't happen in a quick enough time frame, the Butler went to court. That is when they took the process out of the hand's of the FD. Now the WHOLE thing is in the hands of someone in Lisbon, if not Columbus before it's all said & done. In the mean time, both businesses lose money because they are closed. And the Tanfastic building is now a safety hazard. No one can settle these things with talk & a handshake, those days are longggg gone. We all know the wheels of justice grind slowly!

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concerned

Apr-28-13 10:01 PM

Sounds like they found out after they filed the papers against Smith's that the wall in question is a shared wall and the city then re-filed against both parties. If that is correct and it is a shared wall belonging to both parties, then I believe they would be required to do that,as they would have to file against the proper owners or the filing would be invalid and due process would not have been followed.

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Kozy62

Apr-28-13 8:04 PM

I'm beginning to wonder about the due diligence in Salem. All this should have been checked out by an inspection before the purchase went through...just like the Holiday Inn Express situation.

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questioner

Apr-28-13 7:40 PM

" Salem Art Institute is denying that claim and countersued, saying the wall belongs to the Smiths. He said the counterclaim by the Salem Art Institute also includes the city, saying the city failed to abate the nuisance."

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WatchDog

Apr-28-13 2:10 PM

All of this doesn't make any sense. What is Mayor Berlin fretting over? It is in the hands of the FD and the State. Isn't it? Unless of course it's screwed up and either Tanfastic or the Butler is now trying to sue the city.

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WatchDog

Apr-28-13 2:04 PM

Everybody can go on on and on about the blame game. That civil lawsuit between the two owners of whose to blame and pay for the damages incurred to fix it has nothing to do with the actions the FD they started.

The only thing that could have stopped the enforcement of this was when it got past the board and the owners got into court...ruling by a judge was made. But surely, there could not have been a Judge stupid enough to halt everything until it was worked out whose to pay and responsible. That means a Judge said to to*****with public safety. I seriously don't see that happen. Something is seriously wrong with all of this. Once FD began that process it moves along when public safety is a risk.

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WatchDog

Apr-28-13 1:24 PM

Either we are still not getting the full truth on this or something is messed up.

If this is true and the FD got involved and acted on this...then what is the problem? The FD is acting on behalf of the State Fire Marshall.

If they acted and assumed that responsibility to enforce...those buildings fall down now and go boom, that monkey is on them, they are going to be held responsible if anybody is hurt or more damage occurs to the surrounding area. They opened that door of liability. This is why you should never pick a side. Both owners are under responsibility to maintain their buildings. If the FD got involved in the finger pointing blame game then this will go on forever.

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ladybug

Apr-28-13 12:25 PM

Personally i don't think the money was ever there,

The good ole boys at city hall let things get out of hand.

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ladybug

Apr-28-13 12:24 PM

Probably end up like the grand theather,

Someone else will get stuck with the mess ,

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Beaumont

Apr-28-13 12:22 PM

Ladybug you are right also.

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Beaumont

Apr-28-13 12:20 PM

Conserned you are correct.

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ladybug

Apr-28-13 12:20 PM

I don't know about Beaumont.

Yes i would have looked for an earlier solution.

Know attorny fees,court cost and the bldg is in a*****of alot worsier shape and will cost alot more to fix

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Beaumont

Apr-28-13 12:18 PM

you are correct. Some people care only about number one not the community!

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ladybug

Apr-28-13 12:18 PM

This is why the Boston bomber unless he waves his rights will never see the death penalty for yrsif ever

Costing the Amer. tax millions in appeals,

So this is our system.Dodge and delat tactics

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ladybug

Apr-28-13 12:15 PM

The process was started with the fire dept.In apr 2011 the city filed suit and then dropped it on what they thought was a settlement

Apr 2011 until Feb 2012 is 11 months.They didn't find out about the commonwall until 2012 sometime,

telling me they had no intention of fixing the bldg,

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concerned

Apr-28-13 11:58 AM

Beaumont I wouldn't buy a building downtown either. Like I have said before I am not supporting either party. I am just defending the system that we have in place that protects all of us. The law must apply to all or it does not apply at all. The legal process will resolve the problem.

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Beaumont

Apr-28-13 11:34 AM

"Talk is cheap. I am betting you would not do anything different if you were standing in the shoes of either of these two property owners." Not standing in there shoes and who would buy a building in downtown Salem, must have easy money to spread around.

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concerned

Apr-28-13 11:25 AM

Ladybug says: By law : The Fire Dept has the right to tell the owner to fix or tear down the bldg.

It still requires due process of law to get it done.

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concerned

Apr-28-13 11:07 AM

Talk is cheap. I am betting you would not do anything different if you were standing in the shoes of either of these two property owners.

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ladybug

Apr-28-13 10:50 AM

Got a point Beaumont,

They can't take care of their own buss, sure like micro manag, eveyone elses the

Didn't any of them log to leave after they got the air line situation taken care of,.

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Beaumont

Apr-28-13 10:43 AM

Must go watching Sen. Lindsey Graham getting his gun and gun belt ready to jump into Seria. Let's go Lindsey you take the point! Sorry fix the building.

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ladybug

Apr-28-13 10:36 AM

Darn court system.

And part of that law suit won't include the city and our precious tax dollars ?

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Beaumont

Apr-28-13 10:34 AM

Who ever let the sale of the property go through without a full property search. I as a buyer would not let this happen. Bad business. I should bite the bullet.

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concerned

Apr-28-13 10:32 AM

Whose going to be responsible if it collapses and causes damages or personal injury ?

A court of law, because there is going to be a lawsuit. And it will probably take years to get settled. Darn court system!!

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