The owner of a collapsed downtown building is suing a tenant, saying he was suppose to keep it in good repair.

George W. Walls Jr. filed suit in Circuit Court against Cheeburger Cheeburger, which is operated by Charles Eich.

The old Shelton flour mill at 128 Market St. dates to 1876. A section of the brick building on the north side fell on March 29. It included the entire front exterior wall on the north portion.

The Chattanooga Fire Department responded and demolished other portions of the building for safety reasons.

Officials said earlier it was unclear whether any part of the two-story building could be saved.

The suit, filed by attorney Dan Ripper, says, "The plain language of the lease agreement, by no uncertain terms, puts the responsibility to maintain the roof, exterior walls, and abutting sidewalks on the lessee."

It says as early as March 10 that Mr. Eich was on notice that defects existed in the front exterior wall that were in need of repair.

The city issued a correction notice on March 14, it was stated.

The suit says that, instead of fixing the problem, Mr. Eich "elected to assert that plaintiff was responsible for the repairs."

The complaint ask $1 million in damages.