A civil case over the collision of the rights of business owners and their neighbors is now in court.
Volusia County Circuit Judge Michael Orfinger may decide later this week whether to issue a temporary injunction against the owners of the City Limits Taproom and Grille to lower the volumes of nighttime noise allegedly emanating from the business. A June 10 hearing on the request for an injunction is now in recess until Friday morning.
“What is it that you want me to do?” Judge Orfinger asked Albert Ford, an attorney representing Hasidic Jewish neighbors living next to and close to City Limits.
“Order some type of measure to comply with the ordinance,” Ford replied, referring to the county’s noise ordinance.
“If you’re blasting the loudspeakers outdoors, there’s nowhere to contain that,” he added.
The hearing comes as part of a lawsuit filed by the neighbors and supporters against City Limits, located at 4425 North U.S. Highway 17, and its owners, Peter Ferrentino and his wife, Paula Outzen.
For more than a year-and-a-half, the DeLeon Springs neighbors say, the loud music coming from the outdoor entertainment on the business’s premises disturbs them late at night and generally, and it infringes upon their right to observe the weekly Sabbath, especially Friday night and early Saturday morning.
BEACON PHOTO/AL EVERSON
The plaintiffs filed a 119-point civil suit in the Circuit Court Feb. 1. Within the document are five counts, and Count II — Public Nuisance, is the matter now pending before the court.
“We want a temporary injunction,” Jody Lynn, co-counsel with Ford, said outside the courtroom.
“Defendants’ violation of these County noise ordinances and laws concerning public safety and decency constitutes a public nuisance,” reads Point 90 of the suit.
Point 93 of the complaint notes:
“The operation and maintenance of the Bar by the Defendants in at least the prior year or longer and continuing to the present, tends only to annoy the surrounding community neighborhood; is reasonably and manifestly injurious to the health, safety, and welfare, of the surrounding community neighborhood, and, as such, is an unreasonable, substantial interference with the enjoyment of life, health, and/or property of the Plaintiffs and other residents in the surrounding community.”
Thus comes the request for a court order to halt, at least for now, the noise said to originate on City Limits’ premises.
The overall suit will probably not be tried until January 2025, Lynn said. The plaintiffs are asking for a jury trial of their suit. In addition, they are also seeking compensatory damages and “a preliminary and permanent injunction to cease the Defendants’ nuisance activities.”
During the June 10 hearing, Ford called to the witness stand one of the “other residents,” Amy Munizzi. She is president of the DeLeon Springs Community Association, and she supports her neighbors’ request for court action against the business.
Asked about her work as the leader of the group, Munizzi described it as “just an advocacy group for citizens.”
“We don’t have a city,” she said, referring to the unincorporated place.
Asked if she remembers anything about the bar property before the opening of City Limits, Munizzi told the court she had moved to DeLeon Springs in 2006.
“There was a restaurant there called Trader Jack’s,” she said.
“Objection!” said Tanner Andrews, lawyer for City Limits.
“We’re not litigating over what was there in 2006, but what’s in 2024,” he added.
Munizzi’s testimony resumed.
“We never had any complaints,” she said.
Andrews objected again.
“Any complaints would be hearsay,” he said.
When Ford asked about pending action before the Volusia County Code Enforcement Board, Munizzi responded, “I believe there were seven violations.”
Again Andrew objected.
“What she believes is not evidence,” he said.
In fact, while there were originally seven code violations pending against Ferrentino and City Limits, there are now two civil infractions: one for a fence set up without a permit and the other for lacking an approved site plan for the business.
The Code Enforcement Board may act on City Limits’ outstanding violations when it convenes at 9 a.m. Wednesday, June 19, at the Thomas C. Kelly County Administration Center, 123 W. Indiana Ave. in DeLand. The meeting is open to the public.
As for the court case, Judge Orfinger recessed the hearing because the plaintiffs‘ attorneys had not turned over to the defendants some documents related to the lawsuit.
Again, the court hearing resumes at 9 a.m. Friday, June 14, at the Volusia County Courthouse, 101 N. Alabama Ave., DeLand. The hearing is open to the public, as well.
As for the allegations of noise violations at City Limits, Ferrentino denies wrongdoing. Asked if deputies of the Volusia County Sheriff’s Office have ever cited him for such activity, Ferrentino said, “No.”
“One hundred eighty-six times the cops came out, and I have never been cited for anything,” he told The Beacon.
If the police came 186 times clearly there is a problem! I feel sorry for nearby people-I hope something is done to limit the noise at certain hours
No sir, hardly a logical conclusion. If the police came 186 times, it means they received 186 phone calls with complaints and went out to investigate, as is their job and duty to the public. I feel sorry for Mr. Ferrentino and his wife, they’re trying to run a business that was there before this group moved in. They knew it was there, they moved there anyway, and now they’re trying to shut them down. While I agree there should be a noise curfew, and that noise ordinance levels should be enforced, this is a vexatious lawsuit and there is no case. Read the complaint, it’s quite ludicrous. I pray that justice will be on Mr. Ferrentino’s side and that he will prevail. Damn good burgers, btw.