Page at 63 Main Wins Reprieve Against Sag Harbor Village

Posted on 01 August 2014

Page re open for web

The tables and diners were back in front of Page at 63 Main in Sag Harbor on Thursday evening.

 

By Stephen J. Kotz

Less than two weeks after the Sag Harbor Village Board of Trustees revoked the license of Page at 63 Main to have outdoor dining on Main Street, the restaurant has won a reprieve.

On Thursday, the restaurant obtained an injunction in New York State Supreme Court, restraining the village from enforcing its ruling, which was made at a July 18 meeting.

By Thursday evening’s dinner hour, the tables—and diners—had returned to the sidewalk.

Tom Horn, a Sag Harbor attorney who represented the restaurant before Justice Denise Malia in Riverhead, in a press release said he believed the court would be inclined to allow the restaurant to keep it seating through the summer season, reducing the financial impact of the village’s ruling.

“It was a good day for fairness today,” Mr. Horn said. “What the village was doing was hurting Page and for no reason other than to try and show that [the village] had the ability to hurt them. To be granted a judgment like this you have to have an extraordinary case. And we did. We had the facts, truth and law on our side and the court awarded what was fair.”

“We are delighted that we will be able to restore our seating and rehire the individuals who unfortunately had to be laid off as a result of this irresponsible revocation of our license. By ruling in our favor it is apparent that the court feels the village has overstepped its bounds” said Joe Traina, one of the restaurant’s owners in a press release.

The village revoked the license after charging that the restaurant had failed to get a building permit for a renovation project, overstepped the planning board’s approvals for that project, and had fire code violations in a wooden Dumpster enclosure.

Sag Harbor Mayor Brian Gilbride declined to comment on the ruling, referring calls to village attorney Denise Schoen, who prosecuted the case for the village.

On Friday afternoon, Ms. Schoen disagreed with Mr. Horn’s take on the way the court was leaning. The judge “was fine with letting them stay open on a temporary basis while we try to work things out,” Ms. Schoen said.

But the village attorney said it would be difficult for the court to ignore the wording of the dining license, which, she said, allows the village to revoke it for “any or no reason at all.”

The parties will return to court on August 12.

 

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5 Responses to “Page at 63 Main Wins Reprieve Against Sag Harbor Village”

  1. Dan says:

    Its about time the town got their asses whipped for a change, they have been getting too big for their boots for some time now, time for a change. BTW, its time for a new mayor too, this guy is a failure on the side of big business forgetting the people who started this town.

  2. Max says:

    Look at what happened in WHB, change is defitenely needed.

  3. Duncan Haile says:

    The use of this kind of punitive action not directly related to the stated violations is not in the interest of the town which offers outdoor dining as part of its ambiance. Not in the interest of local business which depends on the summer season to survive and not in the interest of diners who have long waits or worse do not dine out because of limited seating. Shame on the Mayor and the Board who certainly did not represent this resident and constituent. Glad you saw some light for now but damage already done.

  4. Mark says:

    This is when government, that is supposed to represent us and gets paid by us,
    so they are in fact our employees , should get fired, as they start to get arrogant and are in love with their power. They have it all upside down. These self serving, power hungry do nothing’s
    fulfill only their own agenda instead of representing us , the people. Instead of weaking up every day and working for us and making life simpler, they do the exact opposite . They create a jungle
    of mostly useless controls and codes and restriction and then can’t wait until one of of us trips
    over these in order to be very upset with us and ” enforce ” these, their codes and regulations.
    Get rid of them in the next election!!!

  5. Tim says:

    Remember that village officials and board members are volunteers and that just as many fellow citizens think that they do not go far enough in enforcing regulations as think they go too far.
    Perhaps that means they are doing a decent job all things considered – but that would be no fun to write about :)


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