Ken Weber's Kenmile Cos. bought the vacant five-story building at 178 W. Randolph St., getting an $891,000 construction loan for the purchase and rehab of the 50,000-sf property. He also was hoping to acquire a city-owned parcel to the east, says attorney William Ryan. Not only was Weber rebuffed, Ryan claims, the city also has erected scaffolding near the property and has told potential investors and tenants of its intention to condemn the property for a redevelopment project.

"The city could save $4 million to $5 million by working with my client," Ryan says, telling the community development commission Tuesday the city could spend two years in court acquiring Weber's property through eminent domain. Department of planning and development commissioner Ty Tabing says he talked with Weber about the city's plans before Northfield-based Kenmile Cos. bought the building. "He has known our intention has been to remove a blighted element," Tabing claims.

Meanwhile, attorney Elizabeth Sharp says the city's move has had a "chilling effect" on Telegraph Properties' efforts to find tenants to fill the 38% vacancy at 188 W. Randolph St. She adds the community development commission's action also violates the automatic stay granted by the bankruptcy court, which also has the power to reject any potential sale of the property.

Sharp also disputes whether the terra cotta that fell to Wells Street in 2001 was from her clients' building. "At all times, my client has sought to work with the city to maintain the safety of the public," she adds.

However, she got little sympathy from the community development commission. "The building's in very, very poor shape on the exterior," says commission member Anne Kostiner. "Not taking care of a property is a real problem. This doesn't happen to a building overnight."