From the BCCT
Developer sues borough in federal court over strip club
Posted in News on Tuesday, August 19th, 2008 at 12:48 pm by Courier Times staff writer Danny Adler
MORRISVILLE — Strip clubs aren’t illegal. And a New Jersey developer is saying Morrisville’s “framework of zoning and regulatory ordinances, which … impose restrictions and prohibitions on First Amendment protected expression” to bring a gentlemen’s club to the borough is unconstitutional, according to a federal lawsuit against Morrisville and the borough’s zoning hearing board.
The suit, filed in U.S. District Court in Philadelphia, says the borough’s restrictions “chill” and make it impossible to operate an adult entertainment facility.
The strip club and bar Sugar & Spice is located about one-third of a mile south of Stockham Interests proposed go-go joint.
Stockham Interests LLC also seeks damages in excess of $75,000.
The suit also challenges the zoning hearing board’s denial of a 1,000-square-foot “soft” vinyl billboard on the side of the building facing Route 1 - which was proposed after great opposition of the strip club. The suit says the denial prevents protected commercial speech.
The Morrisville zoning hearing board’s May decision denying Stockham Interests variances to allow adult entertainment in the Stockham Building at Pennsylvania Avenue and Bridge Street and variances from sign regulations was based on “no evidence” and was an “abuse of discretion,” the suit alleges.
The request for the variances was unanimously denied by the zoning hearing board in May.
The developer was planning for a “burlesque-style” strip club for the second floor of the four-story Stockham Building. Plans also called for a first-floor restaurant and bakery, as well as a fitness center on the third and fourth floors.
Calls to Stockham Interests attorney, Joseph Beller, and borough Solicitor James Downey III were not immediately returned Tuesday.
Wednesday, August 20, 2008
Subscribe to:
Post Comments (Atom)
3 comments:
About a week ago in the BCCT there was a section of properties being auctioned because of delinquent taxes. I'm pretty sure the Stockham Building was one of them, but I don't think I kept that newspaper. Anyone have it, or know how to find the auction info online?
If they owe back taxes (and I seem to recall it was in the $90k range) it could be the technicality to keep the lawsuit from progressing.
August 14, 2008, BCCT legal notices page 9D
24 009 277 STOCKHAM
INT L L C $98,061.77 LOT
SE COR PENNA AVE &
BRIDGE ST 104X173
24 009 278 STOCKHAM
INTERESTS L L C
$15,815.71 LOT S S
BRIDGE ST E 45 FT
PENNA AVE 30X80
Ron Stockham (1960 MHS graduate) and his family must be fuming over the bad use and association of the family name. Stockham Ave. the Stockham Arts Building, the "A" field and various other institutional properties in Morrisville are attributed to the Stockham family.
Now they can add a burlesque hall and vinyl billboard.
I hope he is vocally opposed to this!
Post a Comment