Judge dismisses Dream Nite Club lawsuit claiming city didn't provide due process
Ryan J. Stanton | AnnArbor.com
The city of Ann Arbor had yet another courtroom victory Wednesday in the ongoing Dream Nite Club issue.
During a hearing at the Washtenaw County Trial Court, Judge Melinda Morris dismissed a lawsuit filed by V.R. Entertainment against the city claiming it had failed to provide due process to the nightclub for a hearing held during the city council meeting on March 19.
The suit also claimed the city violated the Open Meetings Act and that there was no evidence to support Council Member Tony Derezinski’s recommendation not to renew the club’s liquor license.
Roger Farinha, attorney for V.R. Entertainment, said while many area businesses were notified of the meeting, his clients were not.
“They never sent notice to Dream Nite Club,” he said. “What’s clear is that Ann Arbor has a pattern of practice of targeting businesses that cross their paths.”
But the judge found there was no factual or legal basis for the claims and dismissed the case, according to City Attorney Stephen Postema.
“The city has a detailed liquor license non-renewal recommendation procedure. The court found that Derezinski and the City Council followed that process and complied with all due process requirements,” he said. “Even when offered an opportunity to state why their license should be renewed given all of the documented problems at their club, the owners of the Dream Night Club remained silent (at the March 19 meeting). The plaintiff’s convoluted claims were without any factual or legal merit.”
It was at the March 19 meeting the city council voted not to renew the nightclub’s liquor license. V.R. Entertainment hoped to get that license back via lawsuits in county and federal courts.
So far, any attempts to get the license back have been unsuccessful. A similar suit filed by one of its creditors two weeks ago also was dismissed. Dream Nite Club was evicted from its former location last month for nonpayment. On Monday, property was taken from the structure on South Fourth Avenue by relatives of a creditor as part of the eviction process.
According to Farinha, V.R. Entertainment plans to appeal Judge Morris’s decision.
“All we’re asking for is a fair shake,” Farinha said.
Meanwhile, in another lawsuit, on May 30, the city and V.R. Entertainment appeared at a hearing in federal court where they argued a civil rights claim. V.R. is seeking $3 million in that suit.
Postema said the judge in that case will likely issue an opinion within the next several weeks.
Comments
j hampton
Sat, Jun 9, 2012 : 2:29 p.m.
Oops. I got my nuts mixed up. Roadman is a bitterly retired court clerk who has been cyber stalking the entire Washtenaw bench for years.
eyesofjustice
Fri, Jun 8, 2012 : 9:06 p.m.
A2buzz.org a website dedicated to Judge Connnors, ego drivin "Alice in Wonderland" joke of a court room.....Whats Melinda Morris going to do side against the City of Ann Arbor, on a high profile case? There is no license, no location, etc.......but there still is a pending 3 Million Dollar Federal claim infront Judge Borman......that City of Ann Arbor failed to get dismissed last week. Annarbor.com chose not to do a story....... vote for the honest choice Mike Woodyard!
j hampton
Fri, Jun 8, 2012 : 8:22 p.m.
roadman is a lawyer from Plymouth that lost a case in front of Connors so take his commentw with a grain of salt.
Joe_Citizen
Fri, Jun 8, 2012 : 5 p.m.
Sounds good to me. That place was a violent attraction, and bad business for UofM schools.
Roadman
Fri, Jun 8, 2012 : 2:39 p.m.
Steve Postema still has to win in federal court before Judge Paul Borman. Melinda Morris will have her judicial term expire on December 31, 2012 and she will be gone from the bench. Good riddance. Let us hope Mike Woodyard beats Timothy Connors this November so that we will have a better judge in the circuit court in that seat.
sheri barron RN,BSN
Sat, Jun 1, 2013 : 7:11 p.m.
I would like to talk with you in regards to my case. I realize from the below post that you probably do not know anything about me. sheri barron on vimeo. lynsb10@hotmail.com
Madeleine Borthwick
Fri, Jun 8, 2012 : 2:28 p.m.
Good Riddance!! this bar has had a long history of serving to minors, fights outside the bar, etc. I used to work in the cashier's booth on 4th st. and I saw this happen almost every weekend. and now they claim that the big bad city is picking on them. Boo as in Hoo. Once again, I say, good riddance. one less trouble spot in downtown Ann Arbor.
j hampton
Fri, Jun 8, 2012 : 1:49 p.m.
I was sitting in the courtroom when Judge Morris dismissed this case. The arguments by the night club owners were nonsensical, bizare and incapable of being followed. I have personaly had several cases against the city of Ann Arbor which were defended by Mr. Postema and his staff. I have always found him to have been fair, true to his word and a tireless advocate for the City. All of my case with the City Attorneys' office were resolved amicably. It never occurred to me that any of our local judges ever gave Mr. Postema any rulings on any matter because of his position. I only know Mr. Postema and the lawyers on his staff professionally. Even though my dealings with the City Attorneys' office have been on the opposite side, I have always been grateful to have rational adults across the table. The City is lucky to have Mr. Postema as its City Attoreny and we have honest hard working judges that are a pleasure to appear in front of. Judge Morris also dismissed my case the day she dismissed the nigh club case. I was disappointed with the outcome and disagreed with her ruling, but she followed the law and her own interpretation of the law. I point this out so all of the conspiracy buffs out there will not think that I defend Judge Morris because "I must always win in front of her." It is simply unfair and untrue to suggest that the nigh club in question did not have full due process and an impartial hearing. I am grateful that these thugs are leaving our City.
Tru2Blu76
Fri, Jun 8, 2012 : 1:41 p.m.
Do the criticisms leveled at the city attorney and a few judges mean that V.R. Entertainment is being dealt with unfairly? That's not clear from the comments. And even if that's what the commentators mean, theirs are just allegations. At least in my view and probably in the view of most people who've read the articles about the violent incidents at and near the Dream Nite Club, perpetrated by their patrons, I'm glad that V.R. Entertainment is making no headway with its law suits.
Sam
Fri, Jun 8, 2012 : 4:21 a.m.
Justice in the city of Ann Arbor? The City Attorney has the power of owning the judges even if you had the good Lord litigating on your behalf. Hope that Judge Morris enjoys her retirement in December, because she would never have been re-elected. Timothy Connors is another misguided soul on the judiciary that needs to be removed. Go Mike Woodyard!
Jack
Fri, Jun 8, 2012 : 6:54 p.m.
And just how does he have the power to "own" the judges? What claptrap.
halflight
Fri, Jun 8, 2012 : 3:30 a.m.
"The highest paid attorney in the State of Michigan did his Job!" That's easy to do when his opponent doesn't have a case. And the highest paid attorney in the State of Michigan? Your knowledge of attorney compensation matches your ability to evaluate legal arguments.
eyesofjustice
Thu, Jun 7, 2012 : 11:09 p.m.
The highest paid attorney in the State of Michigan did his Job! Maybe this case is why he billed the tax payers of Ann Arbor a additonal 22k in overtime pay! http://a2c.devbuild.net/2011/12/20/postemas-performance-review-no-raise/