OBSERVER Photo by M.J. Stafford The city of Dunkirk has gone to court to force a teardown of this former motel on Point Drive West.

The city of Dunkirk has sought court permission for emergency demolition of a dilapidated former motel just off Route 5.

The city filed a petition with state Supreme Court Dec. 29 to demolish a building on Point Drive West behind the Dunkirk Motel. The structure belongs to Dunkirk Motel owners Mahalaxmi Enterprise LLC. City officials have sought its removal for years.

The “Relevant Facts” section of the filing lays out a history, through city government’s eyes, of the efforts to remove the former motel. The building has 18 motel units and was constructed in 1956, “but based on property records, the building is believed to be vacant since 1996.”

Mahalaxmi Enterprise bought the property at a tax auction in 2014. The company successfully applied for a variance to put a motel back on site in 2021 after construction work, but that never materialized. The variance expired in 2022, and Mahalaxmi applied for another one, but it was denied in 2023.

In January 2024, the city issued a violation notice about the property “after a building inspection found (it) was vacant, utility services had been shut off… and there was found to be no plumbing, mechanical, electrical, or safety systems in place.”

Mahalaxmi allegedly agreed to demolish the building that February, but then changed course and attempted again to renovate it. Another use variance request was denied in July 2024, however.

An Order to Remove the structure was issued July 29, 2024, by the city code officer. The Dunkirk Common Council voted unanimously in September 2024 to uphold the order.

However, the city alleges, the owners “have not consented to entry on the premises for the purposes of securing (asbestos) testing and demolition costs, and continue to prevent the city…from accessing the property for demolition purposes.”

The city wants a court order for demolition and access to the property. It also seeks a judgement against the owners for costs of demolition. Finally, it is looking for the property owners to pay its legal fees in the case.

The case was filed by Raimondo and Sundquist of Jamestown. Elliot Raimondo is the city attorney but the filing is signed by his partner, Edward Sundquist.