Xenia shopping center owner sues city over Kmart demolition

Published: Thursday, December 07, 2017 @ 3:30 PM
Updated: Thursday, December 07, 2017 @ 5:01 PM


            TY GREENLEES / STAFF
TY GREENLEES / STAFF

The owner of a Xenia shopping center is suing the city, claiming it erred in redeveloping a downtown property.

The lawsuit filed in U.S. District Court by the owner of the Xenia Towne Square Shopping Center said the city erred in demolishing the Kmart near the Fulmer building, causing damage to the former grocery store.

RELATED: Xenia entertainment center developer seeks funding

Content Continues Below

“Because the Kmart and Fulmer’s building adjoined one another, the city knew that demolition of the Kmart’s wall and roof tied to the Fulmer’s building required special care and skill in order to prevent damaging the Fulmer’s Building,” according to the lawsuit filed Wednesday by Blue Rock Investments LLC and the Boymel Family LLC.

“However, when the Kmart was demolished in or around January 2017, the city and/or its agents failed to perform the demolition in a workmanlike manner such that the city’s demolition undermined the Fulmer’s building’s foundation and left holes in the Fulmer’s Building’s exterior wall,” the suit states.

Xenia Spokesman Lee Warren said city officials were served the lawsuit this afternoon.

“To my knowledge, the city law department has not reviewed it in its entirety but when it does will respond accordingly via the proper legal channels,” Warren said.

Warren added that the city does not typically comment on pending litigation.

Trending - Most Read Stories

Middletown police warn of impersonators pulling people over

Published: Sunday, July 22, 2018 @ 11:03 PM



Nick Graham
(Nick Graham)

Middletown police are warning residents about a group of teens pulling people over impersonating police officers.

Police made the public warning on its Facebook page on Sunday evening.

MORE: West Chester man arrested after standoff with police

Content Continues Below

Police said four white teens are driving around Middletown in a blue or gray convertible that has a light on the dashboard as well as a loud speaker and air horn.

Anyone with any information about these people or who may have seen this vehicle are asked to call police dispatch at 513-425-7700, option 0.

Trending - Most Read Stories

SpaceX Falcon 9 rocket launches at Cape Canaveral 

Published: Sunday, July 22, 2018 @ 5:30 PM

SpaceX preps for overnight launch of “state-of-the-art” communication satellite at the Cape Canaveral Air Force Station. (Photo: SpaceX)
SpaceX preps for overnight launch of “state-of-the-art” communication satellite at the Cape Canaveral Air Force Station. (Photo: SpaceX)


SpaceX lit up the night sky over the Space Coast this weekend with the launch of the Telstar 19 Vantage satellite around 1:50 a.m. Sunday.

>> Read more trending news

The space launch company said Saturday that its Falcon 9 rocket was vertical on the launch pad at Space Launch Complex 40 at Cape Canaveral Air Force Station.

Content Continues Below

Telstar 19 Vantage is described as a “state-of-the-art, high throughput satellite optimized to serve growing markets in the Americas,” said Dan Goldberg, Telesat's president and CEO.

Telstar 19 Vantage will help improve mobile communication signals from Latin America to Northern Canada.

Following the launch, SpaceX will also attempt to land Falcon 9’s first stage on its droneship, “Of Course I Still Love You,” in the Atlantic Ocean.

Trending - Most Read Stories

1 dead, 1 injured in Nevada church shooting, officials say

Published: Sunday, July 22, 2018 @ 8:03 PM
Updated: Sunday, July 22, 2018 @ 9:35 PM

File photo. (Photo by Robert Laberge/Getty Images)
Robert Laberge/Getty Images
File photo. (Photo by Robert Laberge/Getty Images)(Robert Laberge/Getty Images)

A man fatally shot one person and injured another at a Nevada church during service Sunday afternoon, officials said. 

>> Read more trending news

One person is dead. The other victim was taken to a hospital with a leg injury, Fallon Mayor Ken Tedford told KOLO. The identities have not been released. 

Content Continues Below

The suspected gunman, John Kelley O’Connor, 48, walked into Fallon Church of Jesus Christ of Latter-day Saints around 1 p.m., started firing, then left and walked home. He is in custody, Tedford told KOLO

“Our hearts go out to the family members of those who have lost someone and those who were in the church today where the tragedy occurred,” Tedford told KOLO.

The shooting happened in front of about 50 other parishioners, KOLO reported.

“It’s really too early to understand the motive,” Fallon Police Chief Kevin Gehman told KOLO. 

Sen. Dean Heller (R-NV) shared his condolences on Twitter

This is a developing story. Check back for updates.

Trending - Most Read Stories

Man drowns trying to save 3 boys from rip current

Published: Sunday, July 22, 2018 @ 9:20 PM

File photo.  (Photo by Bruce Bennett/Getty Images)
Bruce Bennett/Getty Images
File photo. (Photo by Bruce Bennett/Getty Images)(Bruce Bennett/Getty Images)

A man jumped into the Outer Banks in an attempt to save three boys caught in a rip current and was himself pulled out to sea on Thursday. 

>> Read more trending news

Kenny Ray Gooch, 32, of Powells Point, tried to save his girlfriend’s 12-year-old son,  who was swimming near the Kitty Hawk pier with two teens, when they were pulled 75 yards out by a rip current, WTKR reported.

Content Continues Below

Gooch rushed in to help but was pulled out to sea and disappeared. 

Bystanders rescued the 12-year-old. The 19- and 14-year-old made it back to shore on their own, according to WTKR

Gooch was later found by water rescuers who brought him to shore but were unable to revive him, according to WTKR. 

Gooch is the eighth victim of the Outer Banks surf this year. Two years ago nine people died. 

The Associated Press contributed to this report.

Trending - Most Read Stories