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Officials: Holiday Inn receivership stalled until court action as city raises safety concerns
Summary
City attorneys said a Sweet Living request to designate the former hotel a historic landmark was tabled until December amid ongoing receiver litigation; fire and police officials reported increased emergency calls and warned the boarded property poses safety risks for residents and first responders.
City attorneys told Elyria City Council on Sept. 15 that a Sweet Living application to have the former Holiday/Days Inn property designated a historic landmark has been tabled at least until December while related receivership litigation proceeds in Lorain County court. Law Director Deary said the receiver has filed motions in court and that the receiver’s recommendation must be approved by the court before further action on the property.
The law director said the filing was delayed in part because the receiver filed a contempt motion arguing the landmark filing interferes with abatement work: "the application that Sweet Living, the owner made to the state to have the property declared, a historic, landmark, has been tabled at least until December." He also said a response brief in the appeals case was filed that day and that Sweet Living has changed lawyers while the city and receiver "are exercising our options as well."
Fire Chief Pernesti told the council the fire department has seen an "uptick in responding to EMS calls where they're unresponsive calls" at the boarded building and warned about the safety risk to firefighters if a fire occurs there. "It will be my fireman that will have to risk their lives inside of that building, which is the most deplorable building I've seen in 37 years," Pernesti said.
Councilmembers asked whether police and EMS were receiving calls related to the property after it was boarded. Police Chief Walsh was not present; a council member asked that questions be relayed to the safety director. Council members also noted a separate private legal action by a neighboring property owner who contends Sweet Living is responsible for maintenance of the shared access roadway and has already sued.
Deary said the receiver has been working on a letter of intent and that a hearing date should provide more information: "we should hopefully have some more information, within the next few weeks once a hearing date has been set, with the common pleas court." He described some filings in the appeals case and confirmed the receiver and city are continuing legal steps.
No formal action or vote was recorded on the receivership during the meeting; council members requested updates and asked staff to relay operational questions to the safety office.
Ending: Councilmembers did not take further action Sept. 15 and asked the administration and law director to provide updates when court dates or filings change.
