PARIS – A judge has denied a request by owners of two businesses formerly in the Norway Opera House to attach the property while their lawsuit against the owner proceeds through court.

Oxford County Superior Court Justice Roland Cole said in a three-page statement that Elise Thurlow and Albina Massimino did not demonstrate that it is more likely than not they will recover a specific judgment against Opera House owner Bitim Enterprises of Londonderry, N.H. Cole also said the owners’ arguments give no direct support that damages to their businesses were caused by negligence by the owner.

Thurlow’s Colonial Coffee Shoppe and Massimino’s Beauty and Beyond were forced to leave the historic landmark on Main Street after water from the roof and a broken sprinkler pipe flooded all three floors Sept. 21, 2007.

Thurlow and Massimino filed suits against Bitim Enterprises earlier this year, charging negligence, fraud and breach of contract.

Thurlow claimed that $25,000 in damage had been done to her inventory, while Massimino said $75,000 of her inventory was damaged.

According to Maine Civil Procedure, a property in a civil suit may be attached and held to satisfy judgment for any costs that may be awarded, provided a judge finds it more likely than not that the plaintiff will recover judgment in the suit. Theodore Kurtz, lawyer for the two businesses, sought attachment in the amount of $200,000 for Massimino’s suit and $100,000 for Thurlow’s suit.

In April, the attachment was approved in the amount of $75,000 for Massimino and $25,000 for Thurlow after Bitim Enterprises owner Barry Mazzaglia did not respond to the suit in a timely manner. Cole vacated the order in September after Mazzaglia argued that the materials were sent to the wrong address.

Thurlow and Massimino have argued that Bitim Enterprises was negligent in maintaining the building, actively concealed its condition from them, and created an “unreasonable risk of physical harm.”

Mazzaglia has argued that neither business was significantly damaged by flooding, and also disputes that there was a partial roof collapse that sent water down into the structure. Mazzaglia also states that his lease with the tenants exonerates the company from liability in the damages, and accuses Thurlow of stealing an estimated $100,000 worth of ductwork, equipment, dishes, and other items of “historical significance” to the building.

Thurlow has denied having a lease with Mazzaglia or stealing any materials from the building.

Massimino replied to the charges by saying that the lease did not exempt Mazzaglia from damages caused by negligence.

The 1894 Opera House is in the center of the town’s National Historic District. The upper floors have been vacant for decades; the first floor since last year. The town is having professionals evaluate the building’s condition to help determine its future.