Depositions postponed for owner of Howard Auto & Tire, Inc.

HARRISBURG, Pa. - Owner of Howard Auto & Tire, Inc. Howard Henry said it could be years before a judge will decide if the case will be heard. He said depositions were suppose to begin today, but are now being postponed because of new findings that still need to be reviewed.

It's been more than two years since Henry was forced to close his doors, after part of a retaining wall and parking lot of an apartment building collapsed onto his roof.

"We've endured a lot as a family, as a business," Henry said. "Fifteen employees were displaced and have all since found jobs. So it's been a challenge, financially, emotionally, and spiritually. It's just been a challenge."

As Henry's emotions have continued to rise, so have his out-of-pocket expenses.

"We are feeling it financially and have been for quite some time. Not that bankruptcy is something that will be imminent but we are experiencing serious financial concerns," Henry said.

Thankfully the Board of Commissioners relieved Henry of all of his taxes.  Not just the capital improvement ones but for the property itself. Those totaled more than 22 thousand dollars a year. But the light at the end of the tunnel has only gotten smaller.

"Until all of the depositions are in the judges hands and briefings from those depositions are proposed by all of the Council, then it will be decided by the judge as to what can and cannot be used in court, and then ultimately a court hearing. Which could take two to three years from this point," Henry said.

He said his hands are tied, because until the McFarland apartments fix their property, he can't use his.

"I've never given up hope. I have hope. I believe McFarland and the State and the City and others, are trying to do all that they can to defend and protect themselves in their best interest. Unfortunately for me it leaves me in a position where I'm really powerless and helpless," Henry said.

All of the depositions that are scheduled for next week are still on. FOX 43 reached out to McFarland apartment's attorneys, but they declined to comment.  The City's attorney did not return our call.