SEYMOUR — A judge on Monday approved an injunction that is supposed to force the repair of unsafe conditions at Tri-Town Plaza, an under-developed shopping center at 814 Derby Ave.
According to legal documents agreed to by all sides and approved by the court, Tri-Town Plaza has until Jan. 2, 2023 to address issues at the property previously pointed out by Seymour Building Inspector Jim Baldwin.
Failing to do so by the deadline will result in fines of $500 per day, payable to the Town of Seymour, according to a temporary injunction approved on Monday (Oct. 24).
Tri-Town Plaza has the right to ask for an extension to the January deadline.
Tri-Town Plaza, at one time home to an Ames department store and a multi-screen movie theater, has a complicated ownership structure.
The Tri-Town Plaza land at 814 Derby Ave. is owned by Goodyear Property Management, LLC, along with Mark and Ellen Shaw, the trustees of the William H. Shaw Connecticut Realty Trust.
Connecticut Properties Tri-Town Plaza, LLC is the tenant, and controls the property, according to court documents. Ron Spector, of Nevada, is the managing partner of that LLC.
Court documents show the Seymour building inspector had been trying for more than a year to get unsafe conditions at the property addressed.
The problems started after the central portion of the strip mall, which used to be an Ames store, was torn down in 2018.
A court filing describes the action as a partial teardown of Ames, which left behind structural problems that pose a threat to safety, town officials alleged.
The problems include:
* Unsecured and failed structural components in the roof assembly
* Structural components not protected from frost and weathering
* Exterior walls with extensive cracks
* Walls that appear to be failing
Spector told the court on Monday that he disputed the notion that he had been doing nothing to address issues at his property.
“The stipulation, I’m just — does that mean that I’m agreeing that I haven’t been trying to prosecute resolution?” Spector asked. “I’ve been working the entire time to try to get this to completion. I just want to make sure I’m not agreeing to those statements.“
Judge Matthew Frechette approved the stipulation as presented. A copy of the stipulation and injunction are posted as images below.
“I would just say that stipulation speaks for itself,” he said.
Spector’s company is challenging his property’s tax assessment in a separate court case. A remote hearing on that issue is scheduled for Nov. 15.