DAVENPORT, Iowa — A court order filed late Friday afternoon by a Scott County judge has granted an immediate stop to any demolition activity at the site of the Davenport apartment collapse.
In a case filed by Quanishia White-Cotton Berry and Lexus Berry against multiple defendants including owner Andrew Wold, they asked for three motions to be approved:
- Require the parties to confer and discuss a protocol to perform a site inspection on June 19, June 20 or June 21.
- Require the City of Davenport to preserve materials from the collapsed building until sampling and inventory protocol can be agreed upon.
- Require the City to immediately provide the protocols, procedures, and steps it took to preserve all evidence from the site.
The third motion was denied as that request "looks into the past. Injunctions are generally forward looking."
The injunction was filed as to the concern for the plaintiff's access to evidence relevant to the case. The City acknowledges that some of the debris is important for the case. The court order pointed out that "the City is the only party known to this Court that is currently sifting through the debris and collecting what the City believes to be of value."
So the court found in favor of the first motion, saying the plaintiffs have "established the right to view and examine the site prior to any further removal of the demolished materials."
The second prong of the injunction has the plaintiffs voicing concern over "the City's unilateral decision-making on what should and should not be preserved." The City argued that the demolition process was too far along, and that there was nothing left to inspect, while admitting it has "preserved materials at the directions of its own engineers."
"The City claims some materials have been preserved, but the City has not yet indicated what materials have been preserved or what those materials show. It is unclear whether the City’s own actions will sufficiently protect the rights of the Plaintiffs. Thus, the Plaintiffs have established no other adequate means of protection are available. As discussed above, the building has been razed. Allowing all parties and their experts access to the site for inspection is warranted."
District Court Judge Jeffery D. Bert, Seventh Judicial District of Iowa, ruled that demolition stop immediately and that the City and its contractors cease any removal of debris.
The order is to remain in effect until 8:30 p.m. on Tuesday, June 20.
The court also allows the plaintiffs and their experts to "visit the site to inspect, survey, photograph, and engage in any activity which does not destroy, alter, or taint evidence at the site." They are to meet with the City of Davenport experts to develop a written protocol for inspection of the site. People allowed on the site must sign liability waivers prepared by the City attorneys.
During those visits, the experts can designate any material that they want to be preserved before it is removed from the site.
"By agreement of counsel, only attorneys and experts shall be allowed on the site during the inspection. Any inspection must occur between 8 a.m. and 8 p.m. and the inspection must be complete no later than 8 p.m. on Tuesday, June 20, 2023."
The order was e-filed at 4:04 p.m. on Friday, June 16.
A complete list of the defendants are as follows: Davenport Hotel, LLC d/b/a The Hotel Davenport Apartments; Andrew Wold, individually; Andrew Wold Investments, LLC; Village Property Management, LLC; Alliance Contracting, LLC; Select Structural Engineering, LLC; Bi-State Masonry, INC; City of Davenport, Iowa; Waukee Investments I, LLC; and Parkwild Properties, LC, Defendants.
