PROVO – John Fenley says he had a great idea for the use of the old Utah County Security Center at 1776 Buckley Lane, but the city wouldn’t let him inspect it for purchase.

On Tuesday, the Municipal Council voted to put the building and surrounding property on the surplus property list, authorizing Mayor John Curtis to sell the property — but not to Fenley.

One day later, Fenley filed a lawsuit against the city with the Provo Fourth District Court. It was immediately transferred to the Fourth District Court in Spanish Fork.

Fenley is seeking a temporary restraining order and injunction stopping the sale of the jail, and seeking at least two appraisals of the building’s current market value as per Provo city code.

“I believe the sale is illegal,” Fenley said.

ProVolt, Fenley’s company, wants to establish a technology center at the old jail for start-up businesses, and would provide tools and rooms for their trades. Businesses could include computer labs, art studios, craft areas, an electronics lab, robotics lab, specialized spaces and a reference library.

Fenley is also asking for the right to inspect the inside of the building, which is currently boarded up. He is also asking for the city to reopen the bidding process.

During Tuesday’s council meeting, Tara Riddle, city property manager and ombudsman, described the condition of the building.

“There has been significant vandalism to the building,” Riddle said. “There is no copper wiring left; there are no utilities. It’s grim and in bad shape.”

The biggest issue with the building is the amount of asbestos, according to Riddle.

“We terminated public access three years ago,” Riddle said. “We still have trespassers, so security cameras have been installed.”

Riddle said there are photos of the inside of the building for those interested, but going inside the building is extremely hazardous. It is boarded up, and has standing water and other debris and potential vermin inside.

“I have never seen a picture of the inside, nor had they mentioned they were available,” Fenley said. “I have asked to see it (the building) multiple times.”

Fenley said he has even been to the Department of Air Quality to see what he needs to do and how he needs to do it with reference to inspecting the asbestos-laden building.

“The condition inside was unknown to me until today,” Fenley said at Tuesday’s public hearing.

Fenley said he has spent nearly two years trying to get cooperation from the city on the property and in trying to build his incubator business. He said there is no other building in the city that would fit ProVolt’s needs like the jail.

The city sent out a request for proposal (RFP) on the building and received four proposals — Fenley’s and three others. The other three would remove the building.

“The city asked for an RFP for demolition and future development as per the master plan,” said Corey Norman, deputy mayor. “His proposal did not meet the request of the city. It will take him millions of dollars to fix that building.”

Norman said the city has no intention of keeping the building.

D.R. Horton won the bid and anticipates building townhomes on the 7.4 acres.

In its proposal, D.R. Horton said it believes that approach balances the need for the city to gain value from the property while also creating a development that compliments the housing types within the surrounding neighborhoods.