UPDATE: City Attorney's office asks judge to set date for Cheeburger Cheeburger building demolition

Pedestrians gather before Chattanooga emergency personnel arrive at the scene where the front of the Cheeburger Cheeburger building collapsed at the intersection of Aquarium Way and Market Street on Wednesday just before 2 p.m. in downtown Chattanooga.
Pedestrians gather before Chattanooga emergency personnel arrive at the scene where the front of the Cheeburger Cheeburger building collapsed at the intersection of Aquarium Way and Market Street on Wednesday just before 2 p.m. in downtown Chattanooga.

I'd like to get paid for what I do

UPDATE: Marissa Bell, a spokeswoman for the city, said today that the City Attorney's office has filed a court request asking a judge to set a date for demolishing the structure.

A Chattanooga contractor who planned to tear down a partially collapsed building near the Tennessee Aquarium says he won't move ahead because of a payment dispute with the structure's owner.

"I was trying to help the owner out," said Ty Edwards, president of T. Gene Edwards Inc. "He doesn't want help."

Edwards said today he has rescinded a demolition permit which was earlier filed with the city. He said there was "a contract negotiation failure" with the building's owner.

"I'd like to get paid for what I do," he said.

On Thursday, the city said it expected that demolition work would start today on the building, which is located at Market Street and Aquarium Way and owned by George Walls Jr.

Walls couldn't immediately be reached for comment.

More than a week ago, part of the front and one side of the building suddenly collapsed. No one was injured after the operator of one of the businesses in the structure, Cheeburger Cheeburger, worried about the building's integrity and closed the restaurant.

See more in Saturday's Times Free Press.

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ORIGINAL STORY: Demolition work is expected to start today on the late 1800s brick building that partially collapsed across from the Tennessee Aquarium 10 days ago, according to the city.

With concerns there is "imminent danger," contractor T. Gene Edwards Inc. received an expedited permit to dismantle the structure, said Barbara Tibbals of the Chattanooga Land Development Office.

"They will take the whole building," she said about the two-story, standalone structure at Market Street and Aquarium Way.

Amy Petulla, whose Chattanooga Ghost Tours business was displaced by the collapse, said she liked the building's proximity so close to the aquarium and will be sorry to see it go.

"I love that location," she said, adding that her business is continuing to operate. "I will really miss that building a lot."

Kim White, who heads the nonprofit downtown redevelopment group River City Co., said the condition of the structure with part of the front and side sheared away was leaving "a terrible impression" on first-time visitors to the central city.

"I don't know how to save it," she said about the 141-year-old building.

More than a week ago, part of the front and north side of the building gave way, sending a pile of bricks tumbling onto the sidewalk.

No one was injured. The owner of one of the businesses in the structure, Cheeburger Cheeburger, had earlier worried about the building's integrity and closed down.

However, this week, building owner George W. Walls Jr. sued the operator of Cheeburger Cheeburger, saying the lessee was responsible for maintaining in good order the roof and exterior walls. Walls' lawsuit seeks $1 million in damages.

The suit said that as early as March 10, the business was on notice that defects existed in the front exterior wall that were in need of repair and it elected not to fix it.

But Charlie Eich, who operates the restaurant, has disputed the idea that the repairs were the responsibility of the business.

"He's living on Fantasy Island if he thinks it's the tenant's responsibility. I don't think that he's in touch with reality," Eich said about the building's owner.

Petulla said the incident is costing her business money because she doesn't currently have a space in which to operate, though the tours are meeting nearby at the Walnut Street Bridge.

"I'm looking at other space," she said. "We're taking care of our guests. From their experience, it's no difference. They're getting the great tour they've been getting. It's just inconvenient for us."

Petulla said she was trying to retrieve a large sign that's attached to the building to use at the new site.

Contact Mike Pare at mpare@timesfreepress.com or 423-757-6318.

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