Developer Sues Youngstown Over Emergency Demolition Ordered by Fire Chief
An Ohio developer has filed suit against the City of Youngstown, alleging that the city violated its constitutional rights when the fire chief ordered the demolition of a commercial building without prior notice or an opportunity to be heard.
The case, Armadillo Development, LLC v. City of Youngstown, Ohio, was originally filed in Mahoning County Common Pleas Court and has now been removed to the U.S. District Court for the Northern District of Ohio. The complaint asserts claims under 42 U.S.C. §§ 1983 and 1988, alleging violations of the Fourth and Fourteenth Amendments.
According to the complaint, Armadillo Development, LLC purchased a property located at 113 S. Meridian Road in Youngstown in April 2021. The property included a former Italian American social hall. The developer alleges it intended to renovate the structure into commercial “flex-space,” retained an architect to prepare plans, and invested more than $200,000 into improvements to the building and property.
The lawsuit alleges that from the time the property was acquired through mid-2025, the developer did not receive any notices, citations, or warnings from the Youngstown Fire Department, code enforcement, or other city officials indicating that the building violated city ordinances, was structurally unsound, or posed a danger to firefighters or the public.
The complaint identifies Barry F. Finley as the city’s fire chief and Michael Durkin as the Code Enforcement and Blight Remediation Superintendent. It alleges that on August 22, 2025, Chief Finley inspected the exterior of the building in conjunction with code enforcement, and issued an “Emergency Demolition Order” directing that the building be demolished.
The written order, which is attached to the complaint as an exhibit, states that the structure was “vacant and structurally unsound” and that it posed “an actual and immediate danger of failure and/or collapse in the event of a fire.” The order further states that the condition constituted an “immediate emergency situation” creating an imminent threat to public health and safety. The order directed demolition pursuant to city ordinances and was signed by the fire chief.
The developer alleges that no actual emergency existed, and the city did not provide it with notice of the order or an opportunity to challenge it. The developer alleges that the building was demolished on or about September 16, 2025—approximately 25 days after the order was issued—without any prior notice to the owner.
The lawsuit asserts that the demolition constituted a seizure of property under the Fourth Amendment and deprived the developer of property without due process of law in violation of the Fourteenth Amendment. The complaint further alleges that the fire chief acted under color of state law and exercised final policymaking authority for the city in issuing the demolition order.
In addition to claims against the city due to the fire chief’s actions, the complaint alleges that the City of Youngstown maintained an official policy, custom, or practice of issuing emergency demolition orders without providing property owners notice or due process protections. The complaint references other demolitions in the city that have allegedly resulted in litigation. Chief Finley is not named personally as a defendant in the case.
The developer seeks compensatory damages, attorney’s fees, expert witness fees, and costs. The City of Youngstown removed the case to federal court, asserting federal question jurisdiction based on the constitutional claims. The case is now pending in the US District Court for the Northern District of Ohio. According to local news outlets, the city has denied liability.
