By Tamara Burns  |  January 30, 2017

Category: Consumer News

asbestos dumpster in neighborhoodResidents in Missoula, Montana have noticed that the windows of a historic building known as the Missoula Mercantile building have recently been removed.

It was speculated that deconstruction on the building, which had been sitting vacant since 2011, had begun. However, the real reason for the absence of the windows was due to asbestos removal.

HomeBase Bozeman, local builders in the area who design and construct residential, mixed-use and commercial buildings, has applied for a permit to demolish the historic building and replace it with a five-story custom-designed Residence Inn by Marriott.

Those plans are still in limbo. Preserving the façade of the building for historical purposes is currently under consideration.

The deconstruction on the building has not yet begun, but the previously scheduled asbestos removal approved by the city’s Development Services staff is currently underway.

Crews from Environmental Consulting, based in Billings, Montana, are responsible for the asbestos removal in the Missoula Mercantile building.

The windows of the historical building were removed because the caulking used in the windows contained asbestos. The crew also be removed large parts of the roof and dry wall as part of the asbestos removal project which has recently been completed.

Asbestosis is a naturally-occurring mineral that was widely used in building construction for many decades until its adverse health effects were more well-known. Left undisturbed, asbestos is mostly inert, but when it is disturbed, the fibers become airborne and can be inhaled.

Inhalation of asbestos can lead to lung cancer and another rare cancer known as mesothelioma, both of which can be fatal.

It’s still uncertain what will happen to the 140-year-old Missoula Mercantile building, a structure that is currently listed on the National Register of Historic Places.

If the plans proposed by HomeBase Bozeman are approved, the company would begin construction on a hotel that will have more than 150 rooms as well as a first-floor retail place to include a new restaurant. Construction is estimated to cost $35 million.

The development of a new building has been a sore spot for the city, as its Historic Preservation Commission (HPC) denied the permit to demolish the building.

Following the denial, several members of the commission were accused of bias by members of the city attorney’s office. As a result, City Council overturned the decision of the HPC following a series of emotional hearings.

A local preservation group, known as Preserve Historic Missoula, stepped up after the reversal to appeal the decision made by City Council. The appeal was filed in Missoula County District Court, and in response, the city, building owner and developer all filed legal motions to stop the appeal filed by the preservation group.

The judge overseeing the legal battle is currently reviewing all of the relevant paperwork and is expected to issue a ruling soon.

Meanwhile, Andy Holloran of HomeBase Montana, the developer, has paid for the asbestos removal. He says he has reached out to local salvage companies to deconstruct Missoula Mercantile to preserve as much material as possible if he is granted a partial demolition permit.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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