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Post by Clipper on Dec 21, 2009 12:27:31 GMT -5
And some are simply sitting on a disgusting blob of protoplasm, haha.
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Post by Swimmy on Dec 21, 2009 12:29:23 GMT -5
 "The current building landlord the CPMG LLC development company already has attempted to evict Festa from the property over the past year following previous fights. A City Court judge, however, recently denied the eviction request."  Yeah, I read that too. Hence why I said nothing stopping NEIGHBORING BUSINESSES from bringing their OWN NUISANCE suit and get an injunction. ;D There is a big difference between enjoining someone from doing something and evicting them from their leased premises. Also, the action would be in Supreme Court, not city court. Different rules than with small claims. |
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Post by stoney on Dec 21, 2009 14:23:26 GMT -5
I think everyone should pay the same admission. Period.
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Post by stoney on Dec 21, 2009 14:25:21 GMT -5
Can you imagine what kind of crowd Denny's in N. Utica gets due to The Bogie??
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Post by bobbbiez on Dec 21, 2009 15:25:40 GMT -5
"The current building landlord the CPMG LLC development company already has attempted to evict Festa from the property over the past year following previous fights. A City Court judge, however, recently denied the eviction request." Yeah, I read that too. Hence why I said nothing stopping NEIGHBORING BUSINESSES from bringing their OWN NUISANCE suit and get an injunction. ;D There is a big difference between enjoining someone from doing something and evicting them from their leased premises. Also, the action would be in Supreme Court, not city court. Different rules than with small claims. EXCEPT, the place sets in back and really no other businesses close to complain in the wee hours of the morn. |
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Post by Swimmy on Dec 21, 2009 16:03:24 GMT -5
It doesn't have to be just in the wee hours of the morning. If the wrong crowd is attracted and the neighboring businesses can show that their business is adversely affected by the routine stabbings and shootings, then they have a good argument. I'm not familiar with the place so I don't know what neighboring businesses are there. But even the landlord can bring one. All the ll has to do is show that the incidents are a private nuisance to his property and seek an injunction on the business. There is always a solution, you just have to think hard enough  |
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Post by Clipper on Dec 21, 2009 16:04:20 GMT -5
I can imagine the crowd that Denny's gets from that place. It must be like the crowd that the Rome Denny's used to get from downtown Rome. The crowd that stabbed and killed a guy from Syracuse in an "almost a gang war".
Rome Denny's has always had to have an off duty Rome cop to keep the peace, and soon Utica will too.
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Post by corner on Dec 21, 2009 16:13:49 GMT -5
Dennys hasx had security there at fri and sat nights for years run by a upd guy who had off duty parole officers working for him
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Post by bobbbiez on Dec 21, 2009 17:22:29 GMT -5
It doesn't have to be just in the wee hours of the morning. If the wrong crowd is attracted and the neighboring businesses can show that their business is adversely affected by the routine stabbings and shootings, then they have a good argument. I'm not familiar with the place so I don't know what neighboring businesses are there. But even the landlord can bring one. All the ll has to do is show that the incidents are a private nuisance to his property and seek an injunction on the business. There is always a solution, you just have to think hard enough Many are thinking but nothing seems to be enough to legally shut the place down. I still state it should be the Liquor Authorities responsibility to pull the businesses liquor license. I've seen them do it for far lesser reasons. |
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Post by Swimmy on Dec 21, 2009 17:44:28 GMT -5
Hence my input about a nuisance suit, which you seemed to put off entirely by quoting a part of the article that is irrelevant to whether a nuisance suit should proceed. Sure the liquor license authority should pull the license, I'm shocked it hasn't at this point. All I'm saying is that you don't have to wait for the government to act. Get the businesses nearby to file some suit, or have the landlord attempt a second shot at shutting down the bar. Like what I helped with in New Hartford, if the state agencies see enough commotion from the public, they will get involved. The Comptroller's audit of New Hartford isn't a coincidence.
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Post by bobbbiez on Dec 21, 2009 20:28:06 GMT -5
Hence my input about a nuisance suit, which you seemed to put off entirely by quoting a part of the article that is irrelevant to whether a nuisance suit should proceed. Sure the liquor license authority should pull the license, I'm shocked it hasn't at this point. All I'm saying is that you don't have to wait for the government to act. Get the businesses nearby to file some suit, or have the landlord attempt a second shot at shutting down the bar. Like what I helped with in New Hartford, if the state agencies see enough commotion from the public, they will get involved. The Comptroller's audit of New Hartford isn't a coincidence. Well Swimmy, since the Corporation Council in Utica has stated everyone has tried all avenues and noting is working to get the place closed down why don't you offer your assistance in finding the right avenue. I'm sure as in N.Hartford, Uticans would be most grateful and you could in turn make a name for yourself as an aspiring attorney. ;D |
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Post by Swimmy on Dec 21, 2009 20:42:52 GMT -5
Corporation Council may have exhausted all avenues available to it, but that doesn't mean the private citizens and property owners adjacent to the land that the BogieII is situated on can't do anything. But alas, my boss is only permitting me to do one such project at a time.
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Post by Ralph on Dec 22, 2009 3:30:34 GMT -5
Swimmy is correct, there are more avenues that local business’ as well as the owner himself could follow. One just has to work through the process and seek out people that will be willing to help, and that does include other business owners….but the big part is IF they are willing. As far as the Nuisance Abatement Ordinance goes, keep in mind that it was focusing on mainly neighborhood problems, but can certainly be used to address this one. I helped write it and this was the purpose it was written for. Does not necessarily have to be felonies involved, it can be multiple complaints for almost anything. All depends on what folks want to make of it. It was written to be bendable. So bend it. |
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Post by Deleted on Dec 22, 2009 5:50:19 GMT -5
I don't know, something ain't right. Spilka's was closed down, Paterson's joints have been closed down, but the cops have been to this dump over 100 times with stabbings & shootings galore, & the Liquor Authority hasen't acted yet? The owner is from Rome. Gee, I wonder where his pull comes from?
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Post by clarencebunsen on Dec 22, 2009 6:44:47 GMT -5
While most avenues may be unwilling to put a stop to this behavior, there is nothing stopping the neighboring business owners from initiating a nuisance action in court and attempt to get an injunction... Most of the neighbors are empty buildings and the others probably figure that investing their money in an ad for gift certificates has a higher rate of return than legal fees. I think they are right. |
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"The current building landlord the CPMG LLC development company already has attempted to evict Festa from the property over the past year following previous fights. A City Court judge, however, recently denied the eviction request." 
