Mayor Phillip West appeared in an Adams County courtroom Monday afternoon as a result of his orders last week to tear down the pecan factory.

The hearing before Chancery Judge George Ward was the result of the civil suit filed by the attorney general’s office aimed at stopping the demolition of the building. The restraining order issued Thursday states that there was no time then to hold such a hearing, since demolition was ongoing.

Attorneys for West and developers Ed Worley and Larry Brown spoke privately with Ward during Monday’s hearing. Worley and Brown hold the title to the pecan factory land.

Ward then publicly admonished the city for its actions.

In the course of doing one’s duty, it was important to “not act on our own,” he said. “There’s civil remedies to try. It’s important to try to exhaust those remedies before (turning to) extraordinary remedies.

“I don’t think it’s necessary we got here in the first place.”

West, Worley and Brown were given the chance to comment publicly, but did not.

Ward extended the temporary restraining order issued to the city until Feb. 23.

The extension is designed to give the city and the Mississippi Department of Archives and History time to work things out, Ward said.

“I think everyone’s all in accord at this point that they shall go back to the drawing board, the process of application for a permit,” Ward said.

In order to clear the pile of rubble created by demolishing the building, the city has to get a permit from MDAH.

Representatives for MDAH say the mayor broke the law when he tore down the designated Mississippi landmark without a permit from the department, as required by law.

And though developers Worley Brown, LLC, were not responsible for demolishing the building, they will remain named as a party, since they hold the title to the land, he said.

Ward also refused to dissolve the restraining order and the complaint, as requested by City Attorney Everett Sanders.

Ward said he would wait to close the case until he heard from both parties.

Monday’s proceedings addressed the civil side of the situation. The criminal aspect has yet to be addressed.

If criminal charges are filed, and a guilty verdict is returned, West could face a fine of not less than $500 and not more than $5,000 or jail time of not more than 30 days or both for violation of the state antiquities law.

MDAH Executive Director Hank Holmes said Monday that he did not know if charges would be filed by his office or not.

“The next step for the department will be discussed by the board of trustees on Friday,” Holmes said. “I don’t know what the board’s desire will be. It is certainly an option for the board to look at prosecuting the criminal aspect of this.”

Attorney General Jim Hood said Monday, through his spokesperson, that he would not comment.