Judge dismisses suit against Yesterdays owner

By Linda Smith Hancharick
WARWICK — A state Supreme Court judge has dismissed a lawsuit brought by neighbors against the owner of Yesterdays Restaurant, the Village of Warwick Planning Board and the owners of the property at 16 Elm Street, the potential new home of a new Yesterdays Restaurant.
Justice Elaine Slobod released her decision on Aug. 6. Slobod dismissed the case against John Christison, owner of the longtime Warwick restaurant, because those filing the suit failed to include all of the owners of the project site in the action.
“Upon review of the foregoing, it is ordered that the respondents’ motions are granted on the ground that the petitioner/plaintiffs failed to timely join necessary parties,” Slobod wrote in her decision.
Ten homeowners surrounding the 3.6 acre property brought suit against Christison, the Village of Warwick Planning Board, the village building inspector and property owners Frank Petrucci, Lynn Crane and Glenn Petrucci, challenging the negative declaration and site plan approved by the board.
The property, which is zoned light industrial, is surrounded by a residential zone on three sides.
Many of the neighbors came to planning board meetings during the process explaining how negatively this project will affect their neighborhood and their quality of life.
In addition, neighbors also claimed that the soil on the property was contaminated from years of use as a rail yard and painting facility.
'We're going to appeal'Patrick Gallagher, who lives on West Street and whose backyard abuts the property, has fought this project from the start. Gallagher said the group will appeal the decision, especially since it appears to be based on a technicality.
“We’re going to appeal it,” said Gallagher on Wednesday. “As far as we know, this was done (dismissed) on a technicality so we are going to appeal.”
Gallagher said he spoke with the group’s attorney, David K. Gordon of Poughkeepsie, and believes their lawsuit originally failed to include Lynn Crane and Glenn Petrucci, owners of the property with their brother Frank Petrucci. The names were added but, he said, it was after the fact and a basis for dismissal.
Slobod wrote in her decision: “Although the petitioner-plaintiffs subsequently amended their pleadings and served a supplemental summons and supplemental notice of petition upon the site owners, the statute of limitations had run. The relation-back doctrine does not apply because 16 Elm and the site owners are not united in interest and because the failure to initially name the site owners was not based upon a mistake as to the identity of the proper parties.”
'Develop a restaurant the Warwick community will be proud to support'Last year, Christison announced he would be moving his restaurant, a Main Street staple for more than 30 years, to the property at 16 Elm Street.
Decades ago, this was the site of a railyard; most recently it housed cars for Petrucci’s car dealership. The suit challenged the planning board’s negative declaration and site plan approval.
In a written statement, Christison said he was grateful for Slobod’s “well-reasoned” decision to dismiss the lawsuit.
“Throughout this process, I have reached out to my neighbors and the community to elicit their concerns and have done my best to revise the development plan to address those concerns,” said Christison in his statement. “My only goal is to develop a restaurant to improve service to the Warwick community who have supported me and my family for over 30 years.”
Christison added that he had no desire to engage in litigation but when the neighbors brought the lawsuit, he “instructed my team to vigorously defend our actions.”
“I am happy to have prevailed,” said Christison, “and hope that I can now continue to develop a restaurant that the Warwick community will be proud to support.”
He did not say what the next step would be for him.
Gallagher said he has no animosity toward anyone involved in this, including Christison, but still hopes he and his neighbors will ultimately prevail.
“We turned it over to the court and the lawyers. I’ll be at peace with this whatever happens,” said Gallagher. “I’ve done all that I could.”