Dealing an important victory to Hempstead Town officials, as well as Wantagh and Seaford neighbors, New York’s Supreme Court, Appellate Division has upheld the town’s denial of a permit for a “Las Vegas Style” cabaret at 3500 Sunrise Highway in Wantagh. A February 13, 2014 Supreme Court, Appellate Division decision unanimously affirmed the Town of Hempstead Board of Appeals’ denial of the cabaret permit, which was handed down in 2011. Neighbors have long expressed concerns over traffic and parking congestion on residential streets, as well as upsetment over website advertising by the property owner promising “Las Vegas Style” entertainment at the location, which is adjacent to a residential neighborhood.
“This is a victory for Hempstead Town, as well as Wantagh and Seaford neighbors,” stated Hempstead Town Supervisor Kate Murray. “We’ve fought hard to protect the residential character and suburban quality of our neighborhoods. I am glad that the courts have supported the Town’s Board of Appeals in its decision that this was the wrong place for a cabaret.”
In short, the decision denies the owners of 3500 Sunrise Highway, commonly referred to as “Billy Dean’s”, the ability to open a cabaret at the Wantagh site. Town representatives, as well as Wantagh and Seaford neighbors, have fought vigorously against the planned cabaret. In fact, after the town’s Board of Appeals denied Green 2009, the company that owns 3500 Sunrise Highway, a cabaret permit back in 2011, the Hempstead Town Attorney’s Office aggressively fought the company’s attempts to overturn the Board of Appeals’ decision in court.
Hempstead Town has actually had two major court victories in its fight against the proposed cabaret. A New York Supreme Court decision in October of 2011 upheld the Town Board of Appeals’ right to deny the cabaret permit. Bolstering this decision, the New York State Supreme Court, Appellate Division unanimously affirmed the lower court ruling on February 13, 2014.
“While we have won impressive victories in the fight against this cabaret, it is possible that the owners may seek to appeal the decision, one last time, to the state Court of Appeals,” observed Hempstead Town Councilman Gary Hudes. “Rest assured, the Hempstead Town Attorney’s Office will continue the fight if this occurs.” Councilwoman Angie Cullin added, “What’s more, we are confident that our battle to preserve the residential character and suburban quality of our area will previal.”
“Hempstead Town has worked hard to keep this proposed cabaret out of this location,” concluded Murray. “Wantagh and Seaford neighbors have fought too, creating a powerful partnership with our goernment. We want to thank local residents, including Kevin Milano. Kevin has been a strong voice in this quality-of-life fight. Together, we will continue to ensure that our neighborhoods remain great places in which to live, work and raise our families.”