The Whoopee Bowl will remain in business, but the building will cease to be orange.
The Springfield Township Board and the Dixie Highway business owners reached a compromise last week, with the board rescinding their demolition order and the more-than-50-year-old salvage resale business agreeing to drop a lawsuit challenging that order.
The business also agreed to several other conditions requested by the board which had little to do with the ‘dangerous building? ordinance under which the demolition order was issued.
Attorney Kingsley Cotton spoke for owner Donna Marlowe and her son, Larry, who operates the business, at the March 10 township board meeting. Cotton argued that cleanup work at the Dixie Highway site has been sufficient to deal with concerns voiced by township officials.
‘As a gesture of good will,? Cotton said the family offered to tear down a one-story wing attached to the main two-story brick building. But he argued that the two-story, 8,000-square-foot structure should remain.
‘I don’t think there’s a good reason to tear down a perfectly good building,? Cotton said, presenting an opinion from a licensed engineer that, while the roof will need replacement, the building itself is sound.
Operator Larry Marlowe previously said he has been attempting to sell the property while attempting to sell the remainder of their inventory. Cotton said last week the $400,000 replacement cost of the two-story structure is significant to the potential sale of the property.
While complimenting the board and township attorney Greg Need for their courtesy in the ongoing discussions, Cotton repeated a line from his March 2 letter concerning the gist of his lawsuit.
‘It seems to me that a municipality exceeds its authority when it continues to press for the demolition of a building which is no longer unsafe,? Cotton said.
Citing the pending litigation, the board went into closed session with Need for about 15 minutes. Upon their return to open session, Supervisor Collin Walls led a discussion of details to the proposed compromise, including a deadline of 90 days for the demolition of the one-story building and removal of one of the remaining semi-trailers to the rear of the building.
Referring to previous conversations with Cotton, Walls asked if the Marlowes ‘might be? willing to repaint the outside of the familiar orange building in another color.
‘That is still an option,? Cotton told the board, ‘and I told Mr. Walls he could pick the color. He told me he wasn’t interested.?
After laughter from everyone, Cotton said, ‘We’re thinking earth tones.?
Walls then mentioned the large, free-standing, orange and black sign in front of the building.
‘Would there be a willingness to remove the sign with the one-story demolition?? Walls said.
After a pregnant pause, Larry Marlowe said, ‘We’ll have to go into a closed session for that.?
After more laughter, the board allowed the family and Cotton to meet in the hallway for a couple minutes.
‘Despite it’s historic significance, and despite the fact that it’s an Oakland County icon, the Marlowes will agree to take down the sign,? Cotton said upon their return to the meeting room.
The township board vote was unanimous, giving the business 90 days to accomplish the demolition and cleanup, with another 30 days to repaint the remaining building.
While making few public statements about the Whoopee Bowl specifically, township officials have long advocated improvements along the Dixie Highway corridor, which Walls calls Springfield’s ‘front door.?
After a March 2003 hearing, township officials ordered a variety of cleanup actions at the Whoopee Bowl site. In June 2004, citing lack of appropriate progress, the board voted to designate it a ‘dangerous building? under township ordinance and again ordered remedial action ? including demolition.
The board sought demolition bids from outside contractors, but in August tabled the demolition order to give the owners more time.
In October 2004, the board voted unanimously to stop granting extensions. That led to Cotton’s filing of a lawsuit in Oakland County Circuit Court, and in November 2004 township officials agreed to a ‘voluntary stay? of the demolition order pending the result of the court case.