Judge expected to rule in favor of city, clear path for abatement of former high school

Adams County Superior Court Judge Brian Miller appears poised to rule in favor of the City of Ritzville in its efforts to address the crumbling old high school.

At press time this week, the court was due to conduct a brief hearing Wednesday to review and possibly sign off on a plan presented by the city’s attorneys that would allow the city to convey the property to a new owner through a receivership.

As part of the process any new owner would need to be able to demonstrate they have the resources and ability to repair or demolish the building in a timely manner.

Miller previously ruled that the building is a public nuisance and that nuisance must be abated.

Last week on Tuesday, May 28, the city presented five witnesses during a trial regarding the matter. The city sued Ritzville Associates Limited Partnership in an effort to compel the entity to deal with the former high school building, which appears to be close to collapsing. As a result of the building’s condition, a portion of Division Street remains closed in an effort to prevent injury or property damage in the event a wall that is buckling, falls.

Miller supported the city’s plan and set the Wednesday, June 5, hearing in order for all the parties to have time to prepare the necessary final documents and identify a receiver (trustee).

“Normally the court has the inherent authority to abate a nuisance by requiring a property owner to do so,” Miller said. “The court is satisfied the defendant doesn’t have the funds or is not willing to commit the funds to repair the building.”

The city has been wrestling with problems caused by the building’s condition since 2003, according to testimony last week.

The city has been dealing with Jim Delegans, president of REM Association, the general partner of Ritzville Associates Limited Partnership.

Last week attorneys for the city filed a declaration from Delegans stating his support for transfer of ownership of the property and that the partnership does not have the funds to repair or demolish the building.

The city hopes to find a third party willing to step forward and repair or demolish the building in return for a deed to the property.

Otherwise the city will face the prospect of using taxpayer’s dollars to accomplish the task on its own.

Terms of the actual order were not available at press time, and will be published in the next edition.

Delegans appeared telephonically three weeks ago for the first hearing, but has not appeared since and has indicated he has no intention of appearing.