The Madison Elks Lodge building on West Street was heavily damaged in a fire in August 2006. The fire has been ruled an arson, but no arrests have been made. (Staff photo by Ken Ritchie/kritchie@madisoncourier.com
The Madison Elks Lodge building on West Street was heavily damaged in a fire in August 2006. The fire has been ruled an arson, but no arrests have been made. (Staff photo by Ken Ritchie/kritchie@madisoncourier.com
The city of Madison is dropping a pending lawsuit that would determine if it has the authority to demolish the fire-damaged Elks building.

The city has reached an agreement with ReBarr Restoration LLC and the Cornerstone Society Inc., according to records filed Monday in Jefferson Circuit Court,

The city has agreed to rescind the demolition order passed by the Board of Works once mechanical connections between the roof framing and the masonry structure and gutters to the downspouts are completed.

Fire Chief Steve Horton, who has been designated as the city's representative, will inspect the process for compliance.

The parties agreed the building is no longer a threat to public health or public safety.

Mayor Damon Welch said in a statement that the building is "far from what the City of Madison wants it to be," but said it would be difficult for the city to prove in court that the building is unsafe.

"Therefore, I cannot justify spending further funds litigating the issue," he said.

Welch said the city will closely monitor the building for progress in the future. No deadline has been set for completion.