Michael S. Ellis is pictured Friday afternoon entering Chautauqua Town Court with his attorney. P-J photo by Jordan W. Patterson

MAYVILLE — The case of a Mayville man facing a felony arson charge for allegedly setting fire to a restaurant in early December has been moved to Chautauqua County Court.

Michael S. Ellis, 40, made his first appearance in Chautauqua Town Court on Friday afternoon after being charged with third-degree arson, a class C felony, for reportedly setting the Dec. 9 fire that destroyed the Mayville Diner. Ellis operated the diner and was reportedly making payments on the property to the previous owner.

Ellis is being represented by attorney Anthony J. Lana of Buffalo, both of whom were present in court Friday. Lana declined to comment on specifics of Ellis’ charge.

“Not at this point. We’re in a very preliminary stage,” Lana told The Post-Journal. “We’re evaluating the evidence and going through discovery.”

While in court, Ellis waived his right to a preliminary hearing. The case will now be heard in County Court, where it could go before a grand jury.

“County Court is where felonies are handled,” Lana said. “This is a felony matter. This court doesn’t have the jurisdiction, which means the power to handle this to its conclusion so it’s waived to County Court where the grand jury is convened.”

About 15 village residents, some members of the Mayville Fire Department, were also present in court. One person said they were there “supporting the diner,” which had been popular among locals.

Capt. Rich Telford of the Sheriff’s Office and Fire Investigation Team told The Post-Journal in December that surveillance video showed someone at the diner, located at 7 W. Chautauqua St., shortly before smoke was spotted around 10:30 p.m. Within moments, fire engulfed the building — a longtime staple in the village and open since 1950.

Telford said reviewing the footage led investigators to believe “something happened while (Ellis) was there.” Furthermore, he said witnesses reported seeing Ellis’ truck at the diner the night of the fire.

Telford said a possible motive could have been “financial-based.”

“All indications that we have gotten hold of show he was in debt and owed a lot of people money,” Telford said in December. “He was struggling to make ends meet. He saw this as a resolution.”