Two owners of a commercial building in downtown Lexington are appealing a decision by the City’s Board of Adjustment affirming the City of Lexington’s order to demolish the structure. Eulen and Dawn Whitten of Smithfield are owners of the Lexington Chiropractic Center building located at 104 West 7th Street. The Whitten’s have filed a 107-page petition in Dawson County District Court exercising their right to appeal the Board and City’s ruling. According to minutes from the July 9, 2024 Board of Adjustment meeting, the City’s Development Services Director Bill Brecks stated the property has deteriorated since 2013 with no utilities to the property since then.
An inspector with the City of Lexington condemned the property on February 14, 2024 declaring it an unsafe structure. The inspector’s letter directed the Whitten’s to bring the minimum standards of the Property Maintenance Code or demolish the structure. On May 15, 2024, the City sent a letter declaring that the property would need to be demolished. The Whittens alleged both letters did not state the violations or a correction order. As such, they say the City failed to provide them adequate notice of what the violations were. The Whittens also say they were given an unreasonable amount of time to make a plan for repairs due to lack of information as to what repairs “purportedly needed to be made and the nature of such repairs to be made.”
The petition was filed on Wednesday July 24, 2024. The City of Lexington has 30 days to file an answer to the Whitten’s complaint.
