Every summer since Reggie Schweitzer took over Maggie's on the River, he has held out hope he could serve customers outside on the deck.

Once again, he's still waiting.

"Obviously, four years later, we still haven't been able to use it," said Schweitzer. 

The city built and owns the deck as part of a state-funded waterfront park. 

Until now, the state refused to let the city lease the deck to the restaurant. 

But a memo from the Department of State finally says it's okay.

Now, there's a new problem with this jinxed deck.

Flooding this past spring damaged the underneath.

The low bid to fix it was $33,000 and the city council may not be in the mood to throw good money after bad.

Mayor Jeff Graham says, "I don't see us spending that 33 grand."

But, maybe Maggie's would fix it?

"The problem is, of course, that we don't own it and we have no ownership, title interest in it at all. And it would certainly not be wise for my clients to invest any money in property that's not theirs," said Lee Hector, Maggie's attorney.

"I think it's just one more step in the process that we have to overcome, but it is frustrating that we couldn't just get to an agreement and start using the deck, " said Schweitzer. 

Some city leaders are so frustrated with the deck they're mentioning another "D" word - "demolition."

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