Malnar's Fire 5-Year Anniversary: Here's Why Property Looks Decrepit

JOLIET — A major part of Joliet auto dealer Terry D'Arcy's successful campaign for mayor two years ago involved the beautification of Joliet, eliminating blight and crumbling structures from many of the community's older neighborhoods. But D'Arcy's efforts to remove one of Joliet's longstanding eyesores and public nuisances from the Cunningham Neighborhood — Malnar's Tap — are no further along than the efforts undertaken by the previous City Hall administration of former two-term Mayor Bob O'Dekirk.

Feb. 1 marked the five-year anniversary of the fire that broke out on a Saturday morning at Malnar's Tap, leaving the popular neighborhood bar and restaurant in ruins. The Joliet Fire Department estimated the total damage to Malnar's Tap at $450,000. Two people who lived in the upstairs apartments made it out safely before the fire engines arrived.

If you are wondering why Malnar's Tap has not been bulldozed, or, in the alternative, rebuilt and reopened as a neighborhood bar and restaurant, the answer is ongoing civil litigation pitting the fire-damaged bar's owner, Bill Stanford, against the city of Joliet's legal department.

Stanford acquired ownership of Malnar's Tap in November 2019, just a few months before the fire happened.

The ongoing lawsuit and counterclaim involving the owner of Malnar's Tap and the city of Joliet had its latest hearing this week at the Will County Courthouse, now in front of Judge Victoria Breslan. In Wednesday's action, the judge ordered both sides to return to her courtroom on Feb. 19 regarding the city of Joliet's motion to compel discovery.

Based on this week's extensive review of the court files, it does not appear the Malnar's lawsuit will be resolved soon. In other words, demolition of Malnar's does not appear imminent, and it's highly unlikely that Malnar's will get remodeled and reopen anytime soon, either.

The most recent action of consequence in the Malnar's lawsuit, Joliet Patch found, showed the city of Joliet's legal department on the offensive.

Late last summer, court filings show, Joliet's legal department hired American Structurepoint Inc. to complete a structural analysis of the Malnar's property.

According to last week's court filings, "on or about Sept. 9. 2020, the city of Joliet requested a structural analysis of the property located at 1123 Clement Street, Joliet, in its entirety (emphasis added)," Joliet assistant corporation counsel Stephanie Silkey wrote in her Jan. 31 motion. "That up and until the filing of this motion to compel, the city of Joliet has not received a structural analysis in its entirety (emphasis added) from the plaintiff.

Silkey, of Joliet's legal department, indicated in last week's motion that the plaintiff's "permit applications have remained under review with the city of Joliet awaiting the requested analysis.

"In the interest of efficiency, the city of Joliet has retained its own expert in this matter, American Structurepoint Inc., to complete a structural analysis of the property ... on or about September 3, 2024, (Joliet) electronically sent a quote and proposal from American Structurepoint requesting a date and time for American Structurepoint to obtain access to the property located at 1123 Clement Street, Joliet, to perform the analysis."

According to the city's in-house lawyer, Joliet communicated with Stanford by email, asking whether he "wished to jointly hire American Structurepoint to perform the structural analysis in its entirety with defendant."

Then, about two weeks ago, on Jan. 24, Joliet "again electronically communicated the same to plaintiff's attorney, requesting a date and time for American Structurepoint to obtain access to the property ... on or about Jan. 28, 2025, defendant communicated the same to plaintiff's attorney through an in-person conversation," Silkey informed Judge Breslan.

"To date, defendant has not received a response from plaintiff with regards to allowing American Structurepoint to perform an analysis of the property located at 1123 Clement Street, Joliet ... that defendant believes further requests for access to 1123 Clement Street, Joliet, will be met with the same from plaintiff."

Joliet's assistant corporation counsel ending last week's motion by asking, "that a court order is entered requiring plaintiff to provide a date and time for American Structurepoint to access the exterior and interior of the property located at 1123 Clement Street, Joliet, as required to complete a structural analysis of the property, in its entirety, and any further such relief this court deems necessary."

Back on Nov. 1, 2022, Joliet's City Council voted unanimously 7-0 to declare the Malnar's Tap building a public nuisance. Then, on Dec. 29, 2022, Stanford filed a civil lawsuit against the city of Joliet, seeking a declaratory judgment and other relief.

Stanford's lawsuit against Joliet seeks a judgment in his favor for more than $50,000 plus other relief from Joliet and an injunction against Joliet to stop the city from trying to tear down his property.

Joliet Patch has produced numerous articles about the ongoing saga involving the Malnar's Tap.

Here's a recap of some of those stories from the past five years:

February 2021 story: Malnar's Tap Joliet Fire: One Year Later

Stanford, the bar's new owner, told Joliet Patch that major renovations were expected to get underway in the next several weeks. Stanford said he expected to have the Joliet bar reopened for patrons by late spring or early summer.

Stanford said he was working with a bank, and that it had taken three months to get an appraisal. He said banks and financial institutions are typically moving at a slower pace amid the coronavirus pandemic. Stanford said the bar's remodeling will include the installation of solar panels and making the building way more energy efficient.

"I can't wait to get in there and get to work," Stanford added.

April 2021 story: Malnar's Tap & Restaurant Sues Insurance Company in Wisconsin

Patch reported that the current owners of the Malnar's Tap neighborhood bar and restaurant on Joliet's west side had hired the law firm of Bretz, Flynn & Associates to sue a Wisconsin insurance company for refusing to pay for the devastating fire that caused several hundred thousand dollars in damage to the building on Feb. 1, 2020. In July 2022, Stanford resolved his ongoing Will County civil lawsuit against Society Insurance of Fond du Lac, Wisconsin. The 2021 lawsuit accused the insurance company of breaching an insurance contract after the Malnar's Tap fire caused several hundred thousand dollars in damage.

February 2023 story: Malnar's Tap Fire 3 Years Later: 'It's Time To Let The Judge Decide'

More than three years have now passed since Malnar's Tap went up in flames on a Saturday morning, Feb. 1, 2020. For people in Joliet's Cunningham Neighborhood who are sick and tired of driving past the fire-ravaged eyesore week after week, there is no reason to expect the property will look different in the coming months.

At a February 2023 Joliet City Council meeting, At-Large Councilman Joe Clement asked about the status of the Malnar's Tap property.

"I attended the Cunningham Neighborhood Council meeting and a few residents were asking about Malnar's Tap," Clement told everyone. "I didn't know, Cap, if you can give us an update on what's happening over there for maybe the next meeting?"

Then-City Manager Jim Capparelli responded to Clement, "It's in litigation right now, so I won't be able to comment."