RSS 2.0 FeedJuly 22, 2010, Bellmore Life
White Castle to Appeal
White Castle Systems will appeal the Town of Hempstead’s zoning Board of Appeals decision that denied it variances.
White Castle Systems will appeal the Town of Hempstead’s zoning Board of Appeals decision that denied it variances to build a White Castle restaurant at the corner of St. Marks Avenue and Sunrise Highway.
Tom Pantelis, attorney for White Castle, told Bellmore Life he will file papers within the next several days, and declined further comment.
Matt Walden, president of the Bellmore Preservation Group, which successfully opposed the restaurant, is “confident the case we put together is rock solid,” adding that several variances would have to be overturned.
He said the appeal will go before the town, and the preservation group will incur no further costs. “That’s why our approach was extensive, to cover all legal issues.”
Chris Benes from Gold, Stewart, Kravatz and Benes LLP, told Bellmore Life that the rights to the land will determine which way the case goes in the Supreme Court. “If White Castle has been leasing the property, or owns it outright, the case can go forward. But if it’s determined by the court that White Castle has no ownership stake or right or interest to the property through leasing, then they have no case.”
Several weeks ago he offered Mr. Pantelis a different parcel of land for White Castle, but Mr. Pantelis did not respond to the proposal. When asked whether Mr. Pantelis is keeping options open for the other parcel of land should the court decide against the appeal, Mr. Benes did not respond.
Mr. Benes said filing an appeal under Article 78 is the most likely avenue, as it offers businesses a way to appeal what they consider unfair and capricious governmental agency rulings.
Bellmore Life’s June 9 front-page story quoted Mr. Pantelis as saying the “decision was a wholesale adoption of the neighbors’ objections that are completely contrary to state law.” Bill Sette, who owns the land White Castle wants to build on, said, “It’s great that they are appealing. White Castle can still do good things for Bellmore.”
He insisted there are no contractual obligations between him and White Castle, and said he wouldn’t consider breaking up the property to sell in parcels, because “strip malls, for instance, would only add more parking to the area, something the neighbors seem to be complaining about.” And there would be driveways out and into the local streets, he concluded.