Seth Olney will be able to serve beer in the tap room that was added to his Route 54 store, The Olney Place, as long as he prevails in Fourth Judicial Dept. Appeallate Division court.
Before granting the license Feb. 6, New York State Liquor Authority Commission Chairman Vincent Bradley cautioned Olney, “This whole thing is conditional on the court decision staying the same.”
The court decision Bradley referred to was handed down by Judge Dennis Bender in Yates County Court in May 2017. Bender ruled in Olney’s favor in the lawsuit Olney filed against Barrington after town officials withdrew a permit it had issued which allowed Olney to serve beer in the addition he built in 2014.
After hearing objections from Tom Murrin, chairman of the Barrington Zoning Board of Appeals; Donald Banzhaf, a neighbor of Olney Place; and Town Council Member Susan Lange, Bradley also commented, “It’s obvious that there’s an enormous amount of vitriol over this, and I would assume everybody is to blame.”
He later commented to Olney in Manhattan and the others from Barrington who were appearing in Buffalo via video conference, “You all have to live together, and this is obviously a small town...I come from a small town and this doesn’t help anybody...At the end of the day they are your neighbors.”
During her objections, Lange told the SLA commissioners the town does not intend to pursue further court action after the Feb. 20 hearing in the Fourth Judicial Dept. Appellate Division in Rochester.
She initially told the commissioners that the Appellate Court had issued a stay to prevent the SLA from ruling until after their decision is handed down. Bradley said the SLA had received a letter from the town’s attorney, but no court order signed by a judge was delivered to the SLA. No attorney appeared on the town’s behalf.
The SLA commissioners specifically granted Olney permission to serve beer in the tap room, and will allow consumption on the deck and side lawn, in addition to the service already permitted in the store. Consumption of alcohol on the deck and lawn must end at 9 p.m. and inside service must end at 10 p.m.
Olney appeared in Manhattan and his attorney, Jessica Bryant appeared in Buffalo on his behalf. No attorney appeared for the town.
Bradley and Commissioner Greeley T. Ford both commented they were surprised there was no document generated by the town that granted Olney specific permission to build the addition and the deck.