Editor’s note: This story was updated at 3:25 p.m. on June 20 to correct that Virginia State Police, not Isle of Wight County Fire and Rescue, investigated the fire last fall, and that a cause has not been determined, and on June 23 at 9:09 a.m. to reflect that Councilman Darren Cutler declined to comment on the lawsuit.

An Isle of Wight County judge on May 29 temporarily barred the town of Smithfield from removing the charred remains of a house on Magruder Road.

Circuit Court Chief Judge L. Wayne Farmer issued the 90-day injunction after Robert Small, an attorney representing homeowners Lenny and Chrissy Harris, filed a lawsuit on May 14 alleging the demolition could jeopardize the couple’s ability to collect on their insurance claim and impact an active Virginia State Police investigation.

Six months after the Oct. 28 blaze, the Town Council voted 5-2 on May 6 to declare the property “blighted,” which, by ordinance, allows the town to demolish the remnants and charge the cost of the demolition as a lien against the property.

Farmer’s order states that the town is “hereby enjoined effective immediately from taking any steps to disturb or attempt to clean up or clear the fire damage at 1502 Magruder Road” for 90 days, or through Aug. 27.

Isle of Wight County Fire and Rescue Chief Garry Windley said State Police, rather than his department, handled the investigation.

Despite the Harrises having “previously been advised that the Virginia State Police investigation related to the fire had been concluded with no evidence of arson or wrongdoing by the Plaintiffs,” VSP representatives “have recently reported to Plaintiff’s counsel that their criminal investigation remains open,” the Harrises’ filing states, noting the couple’s homeowners insurance carrier, Allstate, also “still has not made a coverage decision.”

Included as an exhibit within the filing is an April 22 email from VSP Lt. Joshua Fannon to Town Councilman Steve Bowman affirming the state agency is “still actively investigating” but has “no investigative interest in the structure itself at this time and have no objection to it being demolished.” Also included is a May 28 filing by Allstate confirming the company “has yet to reach a determination of whether to pay the claim” but “has no pending request … to preserve the remains of the Magruder Road property, nor does Allstate object to the property’s demolition.”

“This is still an active and ongoing investigation by the Virginia State Police Bureau of Criminal Investigation,” Sgt. Michelle Anaya, a State Police spokeswoman, told the Times on June 20, stating “at this time, no further information can be provided without hindering the investigation.”

Court documents say the Allstate policy is valued over $756,000.

The Harrises’ filing asserts that “until the insurance company approves the Plaintiff’s claims, and the Virginia State Police closes its investigation affirming no accusations or charges against the Plaintiff or his wife, any effort by the town to clear the property will cause irreparable harm to the rights of the Plaintiffs to preserve evidence related to the fire, which could contradict any denial of their insurance claim or accusations or charges by the Virginia State Police.”

Small, during appearances before the council in April and May, said his clients have recovered no money despite cooperating fully with months of demands from Allstate, including under-oath depositions on May 16. Small said razing the remains before Allstate pays could give the insurer an excuse to deny the claim.

During the 90-day injunction, the town “may still proceed with our due diligence in preparation for having the home demolished, but we cannot do any physical work on the site,” Town Manager Michael Stallings said. “We are continuing to prepare for the demolition of the structure in the event that the owners don’t resolve the issue before the end of the 90 day injunction.”

Town Attorney Bill Riddick said the town was “not enjoined during the 90 day period from doing the necessary investigation/studies/permitting that may be necessary to remove the debris” within “sensitive environmental areas.”

“We are preparing RFPs (requests for proposals) for the demolition of the property if it has not been done after 90 days. The judge said there will be no extensions,” Mayor Mike Smith told the Times.

Bowman, who made the motion in May to declare the property blighted, told the Times that “at the expiration of the injunction period, if the owner has not remedied the situation, I expect the town to proceed with the planned demolition and move to recover the demolition costs from the owner.”

Councilmen Jeff Brooks and Darren Cutler, the latter who’d cast one of two dissenting votes on the blight declaration, declined to comment on the lawsuit. Councilwoman Valerie Butler, who’d cast the other dissenting vote, and Councilwoman Mary Ellen Bebermeyer and Vice Mayor Bill Harris also did not immediately respond.

Though the homeowners have paid to erect a fence around the property and have applied for a demolition permit, Bowman in April expressed frustration over their written correspondence not specifying an exact date when the site will be razed. Bowman, who said he lives within five houses of the site of the fire, said in April that the “people in this neighborhood have put up with this long enough.”