DAYTON - There may be a delay in a move to take the owners of a Dayton historic building to court over repainting their sign.
Members of the Comstock Historic District have threatened to sue owners of Mia's Swiss Restaurant over the repainting of the Odeon Hall sign on an exterior wall.
Comstock Historic District Commissioner Ron James said the district should delay legal action against Max and Anna Marie Kuerzi and asked for the issue to be placed on the district board's May agenda.
He said earlier this week that new information could affect the district board's decision.
"The attorney general's representative has said maybe we should re-agendize this for reconsideration before we go to court," James said at Monday's commission meeting. "New information leads me to believe this to be the best action."
James said he would submit a written statement of the issues to be resolved and distribute copies to interested parties "to look at in a less emotionally charged environment."
Board Chairman Andrea Daley consented with no discussion from other board members.
According to James, new information to be considered includes:
- The owners of the building in question have said they would not necessarily abide by a court decision regarding the sign.
- The Kuerzis now claim they repainted the sign in 1991 or 1992 and it had deteriorated prior to it being painted over this past summer.
- Concern that taking down the sign on the front of the building might damage the bricks. (The Kuerzis had recommended a compromise solution of repainting this sign.)
James' recommendation follows a meeting last week with the Kuerzis, friend Sharon Spencer, James, district inspector Bert Bedeau and attorney general representative George Taylor.
Spenser submitted a letter asking the item be placed on the May historic commission meeting agendato discuss a compromise.
In making his decision to rehear the issue, James said he considered three available options:
- Following the board's prior decision and pursuing the issue in court.
- Following up on Commissioner Bob Milz' offer to pay for the repainting of the sign. (James said concerns with liability related with possible brick damage made this an unsuitable option.)
- Take it back to the commission for further discussion.
In September the historic commission gave the Kuerzis 60 days to repaint the Odeon Hall sign back on the side wall. When they failed to comply, the issue was submitted to the Attorney General's Office for review.
