Judge orders city to issue permit
Published 12:00 am Wednesday, May 19, 2004
Judge Henry Coke Morgan of the U.S. District Court Eastern District of Virginia, Norfolk Division, ruled Tuesday that the City of Suffolk must grant Greg A. Sakas a conditional use permit within 11 days of his posting an injunction bond.
In other words, Sakas could open his adult novelty store after all, even if it’s only temporary.
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Robert C. Barclay IV, representing Sakas, explained that this permit will last until the trial date, sometime this October.
&uot;If we were to lose, then the injunction would stop and he’d have to close,&uot; said Barclay.
The attorney said he used a line planning expert to examine city maps who then determined there’s not a single parcel available given certain restrictions, such as locating such a business 1,000 feet away from residential or sensitive use (schools, churches) areas.
This translates, in Barclay’s opinion, not as a regulation but a ban. The court recognized this, and the city offered no rebuttal, he said.
Sakas had no comment this afternoon, and referred the matter to his attorney.
C. Edward Roettger Jr., attorney for the City of Suffolk, said he could not comment on this issue.