Judge Dennis Bender has issued a decision that favors Olney Place owner Seth Olney in his lawsuit against the Town of Barrington, but the conflict that has fractured relationships in the town is far from over. Now, Olney and his attorney allege that Town Code Enforcement Officer John Griffin may have falsified the business’s certificate of occupancy, perhaps in an attempt to mislead New York State Liquor Authority officials, they say.
Bender ruled that the SLA has exclusive jurisdiction to determine whether Olney will be allowed a liquor license to serve beer in a room that was added to the Route 54 store in 2014.
Barrington Attorney Richard Buck says the town plans to appeal Bender’s decision. He says the judge’s ruling impairs the town’s ability to enforce its zoning law.“The decision fails to explain how a preemption issue can exist when the SLA itself confirmed, last June, that Seth Olney does not have a liquor license to sell or serve in the taproom or on the read deck. That is why Seth Olney has been fined, twice, for a total of $9,000, as I understand it.”
In 2015 Town officials rescinded a 2013 Special Use Permit allowing tables and chairs on a deck outside the addition to the store Olney has owned since 2006.