By Rob Alway, Editor-in-Chief
LUDINGTON — The City of Ludington has replaced traffic cones with concrete barricades along the west side of the 100 block of South Rath Avenue adjacent to the future AndyS Restaurant, citing public safety concerns tied to an ongoing legal dispute over the building’s structural support columns.
The concrete barricades, which extend into the roadway and cover a storm drain, were recently installed in an area where traffic cones had been placed for several months. The barricades are located next to support columns for the restaurant’s second-floor overhang, a feature that remains at the center of litigation between the city and developer ASR Real Estate LLC.
AndyS Restaurant, located at 129 W. Ludington Ave., is expected to open later this summer under a temporary occupancy permit issued by the city May 28.
In a statement to MCP, Ludington City Manager Kaitlyn Aldrich said the city determined traffic cones were no longer adequate as downtown activity increased.
“The transition from traffic cones to concrete barricades was made in response to increased vehicular and pedestrian activity in the downtown area and the determination that cones alone were no longer sufficient to ensure there was no contact between vehicles and the columns supporting the second-floor overhang at AndyS,” Aldrich said.
She said the location of the columns and the city’s management of the issue remain the subject of pending litigation.
“Until a final resolution is reached, the concrete barricades are the most appropriate temporary measure to protect public health, safety, and welfare,” Aldrich said. “The barricades provide a more substantial and visible barrier to prevent collisions between vehicles and the columns, which could result in serious injury to motorists or pedestrians and potentially compromise the structural integrity of the AndyS building.”
Aldrich said the city will continue evaluating the situation while pursuing a permanent solution.
MCP asked Aldrich whether placing concrete barricades in the roadway created a greater hazard than the columns themselves, which are located outside the traffic lane. She did not respond to that question.
The barricades are the latest development in a dispute that began in August 2025 when the city issued a stop-work order on the approximately $10 million restaurant and sports bar project. City officials alleged the support columns for the building’s overhang were constructed too close to Rath Avenue and did not comply with the approved site plan.
ASR Real Estate LLC, owned by Dr. Andy Riemer, subsequently filed suit against the city, arguing the project was built according to plans previously approved by city officials.
In March, Mason County Circuit Court Judge Eric R. Fox granted a preliminary injunction in favor of ASR Real Estate, ordering the city to rescind the stop-work order and allowing construction to resume while the lawsuit proceeds. Fox found ASR had demonstrated a likelihood of success on the merits of its claims and determined that inconsistencies in the approved site plan made simultaneous compliance with all requirements impossible.
The temporary occupancy permit issued May 28 allows the restaurant to begin operating while several remaining issues are addressed. Under the permit, the second-floor occupancy area over the Rath Avenue sidewalk must remain closed to the public until a license agreement is executed and a final certificate of occupancy is issued. The permit also requires parking spaces along the west side of Rath Avenue to be restriped before final occupancy approval is granted.
The temporary permit expires Sept. 14, 2026. The underlying lawsuit remains pending in Mason County’s 51st Circuit Court.
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