Court Affirms Sedalia’s Legal Authority to Act on Dangerous Building at 207 W. Main

Earlier today, Judge Jeff Mittelhauser issued a written order confirming that the City of Sedalia possesses the legal authority to proceed with the emergency demolition of the structurally compromised building located at 207 W. Main Street under its existing municipal code.

Although the Court denied the City’s emergency petition for declaratory and injunctive relief, the ruling is clear: the City does not need judicial approval to take action. In his decision, Judge Mittelhauser wrote that the evidence presented by the City “fully supports the goals it seeks to accomplish — the safe demolition of the building at 207 West Main preceded by the inspection of adjacent structures in anticipation of this demolition.” He further affirmed that the City’s own ordinances, enacted under state law, provide sufficient authority to carry out those actions.

“This is not a decision the City takes lightly,” said City Attorney Todd Smith. “We brought this matter before the Court out of an abundance of caution, but Judge Mittelhauser’s ruling confirms that Sedalia’s municipal ordinances provide sufficient legal authority to act. Our focus remains on upholding due process and safeguarding the public from an immediate and serious danger.

The ruling underscores the seriousness of the situation. The City’s Chief Building Official, Bryan Kopp, gave testimony, and Frank Comer’s structural engineer report was admitted into evidence on July 29 that 207 W. Main is at risk of imminent collapse, with visible signs that it is pulling on neighboring structures. Judge Mittelhauser acknowledged the unique challenges posed by this downtown block of interconnected historic buildings, but clarified that the City’s emergency procedures still apply and must be executed by the proper official — not the Court.

While the Court declined to issue the declaratory or injunctive relief requested by the City, Judge Mittelhauser emphasized that “the same ordinances apply” and “the decision-making authority remains with the same official,” which in the City of Sedalia, is the Chief Building Official, Bryan Kopp. In so doing, His Honor affirmed that Sedalia’s existing legal framework is sufficient for addressing the current emergency.

Moving forward, the City will continue coordinating with engineers and inspectors to develop a careful, sequenced demolition plan that protects nearby structures and ensures public safety. Inspection and entry into adjacent buildings — 209, 211, 213, and 215 W. Main — will proceed via administrative search warrants, as outlined in the municipal code.

The City appreciates the Court’s clarity and will proceed accordingly under the legal framework affirmed in today’s order.