Lawyer says deed reveals owner of wall that collapsed on Harrisburg tire store

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HARRISBURG, Pa. -- Howard Henry and his lawyer are taking action to figure out who is at fault once and for all for the wall that collapsed on his store, Howard Tire and Auto, off Cameron Street in Harrisburg.

Mark Wendaur, Henry's lawyer, said, "It's terribly frustrating. Mr. Henry closed his doors in October, had to lay off a number of employees, hoping to see at least some progress at this point and we don't have any change at all."

The wall collapse happened over a year ago.

A judge initially ordered the City of Harrisburg to conduct a property survey and title search of the wall, but Howard Tire and Auto beat them to the punch.

Wendaur said Henry hired officials and a surveyor to determin who owns the wall that changed Henry's life.

"The conclusion we make is that the property does belong to McFarland, and the argument that this is still an unknown issue we are trying to get resolved isn't really the issue it's being made out to be," Wendaur said.

He said the deed clearly shows that McFarland LLC, which owns the apartment building on Mulberry Street, also owns the wall.

Wendaur said, "The deed essentially goes out to the end of the wall, over, and then cuts out around each of those supporting beams."

We reached out to McFarland's lawyer, but he did not respond.

"I understand they probably need to do their own due diligence," Wendaur said, "But you know sooner or later someone has to step up to the plate here and say let's start accepting what's on the paper and start moving toward a resolution."

Harrisburg city officials and McFarland representatives are supposed to report back to the court on June 7 to discuss whether they agree with the title search and survey.

Even if they all agree, it's still not over just yet. The judge would have to determine who exactly is at fault.