When strip clubs won't back down
Masters Club has filed an appeal of the Planning and Zoning Commission’s July 31st decision which removed removed the special permit requirements for adult businesses and allowed them permitted use in all I-3 zones. The appeal makes the following claims:
Commission’s decision and administrative findings, inferences, conclusions and decisions relating thereto are:
a. in violation of constitutional, statutory and/or agency regulatory provisions;
b. in excess of the statutory authority of the agency;
c. made upon unlawful procedure;
d. affected by other errors of law;
e. clearly erroneous in view of the reliable, probative and substantial evidence of the whole record; and
f. arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
In short the appeal contends that the text of the amendment was changed substantially enough so as to change the meaning and effect of the application as originally filed prior to the second public hearing. Basically the first application text was typed out incorrectly and had the effect of modifying the special permit rules. The second application text removed the special permit rules entirely as they relate to adult business. It is Masters Club’s claim that the application’s effect can not be modified so severely without a new application being filed, which didn’t happen because of time constraints.
According to the documents the P&Z is being summoned October 7th for a court appearance in Hartford Superior Court which means this action, if successful would not invalidate the change prior to the preliminary injunction hearing September 16,17,18.
The text of the appeal is here.
Masters Club Zoning Appeal
Also, it appears that Masters Club has filed suit against the East Hartford and Hartford Elks. The claim here is that the East Hartford Lodge intentionally misrepresented a lease agreement (which I presume is for the cell tower) by not being forthcoming about an amendment to the lease which they had entered into reducing the lessee’s rent. The complaint further alleges that the East Hartford Elks after the sale transferred half a million dollars to the Hartford Elks out of the sale proceeds of the property making that 500K that the Hartford Elks now possess available for payment of any judgement.
You can read the complaint here. You’ll have to forgive the quality. The Hartford Superior Court clerk charges $1.00 per page to copy (ridiculous) so I snapped pictures with my cell phone of the document and assembled them together.
Masters Club v. Elks
Masters Club is gearing up for trial. I was informed today that I may be subpoenaed, though I can’t imagine why anything I say would matter in court. Update 09/11/08 – It sounds like I won’t have to make a court appearance. Lucky me.
As promised. Your government on demand.
As promised I have finally uploaded the full P&Z special hearing for your review.
Here’s a quick and dirty break down of what can be found where:
00:00:00-00:00:54 Pre-Meeting
00:00:55-00:05:50 Agenda, Procedure
00:05:50-00:31:20 Presentation of information on secondary
effects of Adult Establishments.
00:31:20-00:46:04 Questions from members of the commission
regarding the information previously presented.
00:46:04-00:59:11 Public comment in favor of one or both
amendments. Comment by Councilman Eric Thompson,
Mary Alice Dwyer Hughes, Reginald Diebold?
(Correction Needed), Patrick Sanzo, and Jon Searles.
00:59:11-01:12:00 Public comment against one or more
amendments. Comment by Kim Coleman council for Masters
Club LLC.
01:12:00-01:15:30 Commission vote on amendment #1.
(Moratorium)
01:15:30-01:18:20 Commission vote on amendment #2.
(Removal of requirements)
01:18:20-01:20:10 Commission vote on bond reduction item.
01:20:10-01:31:00 Mini press conference with Masters Club
LLC legal counsel. Questions by Ben Rubin of the Journal Inquirer.
(Video is not edited. Questions were started before I left the chamber.)
Just for the record, the left side council chamber speaker was not functioning this evening which caused the poor sound.
[googlevideo=http://video.google.com/videoplay?docid=3226007533253161776]
