PARIS — Opera House owner Barry Mazzaglia unsuccessfully attempted to delay court action Friday that would force him to complete stabilization efforts on the three-story brick edifice on Main Street.

Town officials were in Oxford County Superior Court to get a preliminary injunction against Mazzaglia, of Bitim Enterprises in Londonderry, N.H., who officials say has failed to properly shore up the building since part of the roof collapsed almost two years ago. Officials say it poses a threat to the public and adjacent downtown buildings.

Mazzaglia told Justice William Brodrick he was informed at 8:15 a.m. Friday that the lawyer he hired was not coming and asked for a delay in the proceedings.

“I had no idea I didn’t have a lawyer here today,” said Mazzaglia, who sat alone in the defense table spending much of his time writing on a yellow pad.

Broderick denied the request, saying the unnamed lawyer notified the court that she had not been paid.

During the two-hour hearing, structural engineer Al Hodson of Resurgence Engineering in Portland testified under that the Opera House continues to be a safety risk to the public and to adjacent buildings. He said Mazzaglia has failed to make all the structural repairs required to shore the building up.

“It is well beyond the scope of a well-intentioned, do-it-yourself job,” said Hodson of Mazzaglia’s earlier attempts to shore up the failing roof and trusses himself.

Hodson, who was hired by the town to assess the structure, said at least 10 of the 17 trusses, which hold the bulk of the roof’s weight, have failed.

“If the roof trusses fail, the back portion of the building could dislodge and could conceivably push the front wall toward Main Street,” Hodson said. All that separates Main Street and the building in this tightly built business district, is a sidewalk, he said.

When asked if the roof is at jeopardy of collapsing, Hodson said, “Yes.”

A portion of the sagging roof collapsed Sept. 21, 2007, under the weight of water pooled on it. That caused a a sprinkler pipe to break, and the water cascaded all the way to the two first-floor businesses, forcing them out.

No action was taken on the preliminary injunction request Friday , but a hearing date has been set for September 10 to address a request by the town to allow an appraiser inside. Town attorney James Belleau said he assumes the judge will grant the preliminary injunction then.

Mazzaglia told the judge he was not prepared to address the access issue Friday but did add that the testimony provided was not an accurate description of the building.

Selectmen recently decided not to take the building by eminent domain but it is a route that could be looked at in the future along with condemning the building, Belleau said. Both routes would need an up-to-date appraisal of the building.

Mazzaglia purchased the Opera House, which features a distinctive clock tower, in 2003 for $225,000. He has turned down repeated offers by Selectman Bill Damon to fund the purchase by a local group for $200,000.

The building is in the heart of the downtown National Historic District. It was owned by the town for decades and used for plays, dances, minstrel shows, graduations, town meetings and other community events. Since the 1970s the upper floors, which feature a ballroom, theater and balcony, have been vacant and there have been a succession of private owners. 

The court hearing was attended by Town Manager David Holt, Selectmen Bruce Cook and Bill Damon, Building Inspector Jeffrey VanDecker, Downtown Norway President Andrea Burns and board member Brenda Melhus and downtown property owner Darryl Kissick.

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Barry Mazzaglia, owner of the Opera House on Main Street in Norway, sits in Oxford County Superior Court in Paris on Friday for a hearing on the town’s request to force him to shore up the damaged downtown building.