Only the first two stories of the former jail are still used since those floors can hold more weight than the upper ones. The court uses it for files and crime evidence and the sheriff uses it for investigation and patrol offices as well as crime and photo labs. The upper stories of the building were abandoned in 1995 when the county's new $13.3 million, 152-bed jail opened near Duluth International Airport.

Six architectural, engineering and reuse studies since 1987 have concluded that the building's design and condition made renovation and reuse costly and unrealistic. In fact, it would cost about 2 1/2 times more to renovate it for use than to tear it town and build new. However, members of the Duluth Heritage Preservation Commission are concerned about the building's fate, although they have yet to take a formal stand on the issue.

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