The former Jamestown Brewing Company building has been sold.

An eviction order and warrant sought for several months by the developer of a building that houses the now-closed Jamestown Brewing Company has officially been entered by a state Supreme Court judge in Erie County.

Judge Timothy Walker had signed the order June 30, but held off on filing it until after hearing from the brewery’s owners who claimed financial hardship due to the COVID-19 pandemic. A financial hardship would have prevented eviction prior to Aug. 20 as set by Gov. Andrew Cuomo in an executive order.

JBC owner Jon McLellan II noted in an affidavit to the court that he had secured an Economic Injury Disaster Loan due to the pandemic. The 115-121 W. Third St. brewery briefly opened to sell beer curbside during the pandemic but stopped due to the lack of profit.

GPatti Development, the building’s owner, said the brewery was experiencing financial hardship prior to COVID-19, and thus should not be granted financial hardship status to avoid eviction.

Walker agreed, filing the eviction order Thursday and noted in an email correspondence to attorneys for both side that the “tenant has failed to establish that its alleged financial hardship did not pre-date COVID-19 and the subsequent executive orders and related administrative orders.”

The judge added: “As such, the eviction order and warrant shall be entered.”

Matthew Miller, a Buffalo attorney representing GPatti, said the “eviction orders speak for themselves” when asked about the judge’s decision. He noted that Walker gave an oral decision in favor of the eviction in March, but filing it was delayed due to the pandemic.

At this point, Miller said the next step will be for JBC to vacate the property; if that does not happen, the Sheriff’s Office will be brought in with the warrant to remove the tenants.

Ultimately, the attorney said the goal is to have a new tenant come in to the downtown property.

“Mr. Patti is anxious and looking forward to the opportunity to put a new tenant in that building,” Miller said.

What will happen with brewing equipment and other property inside the building remains a question. McLellan told The Post-Journal last week he has remained current on payments to creditors and lenders, and thus still owns the equipment. Further, he said he has had an appraiser come in, and noted interest for the purchase of the equipment.

The city of Jamestown on July 2 sent JBC a cease and desist from potentially selling assets due to financial stakes with the property and its contents. The brewery received a $180,000 Jamestown Local Development Corporation loan, among other assistance and incentives.

Miller, too, pointed out that there were several stakeholders involved in establishing the brewery. He also pointed out that getting equipment out of the building would not be an easy, or cheap, proposition.

In the wake of the eviction, both sides have expressed frustration working with the other side.

McLellan, in a recent interview, said he did not regret his foray into establishing a downtown brewery. He did, however, point out the difficulties of working with the owner of the building.

“Not being known locally, and not knowing who you were dealing with, it’s trying to building something amazing, only to be met with opposition at every turn,” McLellan said.

Miller said Patti is hoping to move forward with new opportunities.

“Mr. Patti remains committed to the building and Jamestown,” he said, “and the realization is that it’s unfortunate this was a bad business deal; the one side didn’t uphold their end of the bargain. We hate to see businesses fail. The right outcome here is to find new potential suitors.”