White Castle plans appeal against town BZA

White Castle corporation is planning to file an appeal against the Town of Hempstead Board of Zoning Appeals after it recently rejected the company's proposal to build a fast-food eatery on Sunrise Highway in Bellmore, said Thomas Pantelis, the lawyer for White Castle.

White Castle's plans for the restaurant were unanimously denied by the BZA on June 2. Pantelis, whose practice is in Mineola, said in a July 13 phone interview with the Herald that the Ohio-based company will file an Article 78 lawsuit against the town within the next two weeks. He had no further comment at press time.

An Article 78 is a type of appeal under the New York Civil Practice Law and Rules. An Article 78 proceeding allows an individual or corporation to appeal a written decision made by a public agency. The proceeding is used by corporations or people in the hope of overturning a decision.

A number of nearby residents had opposed construction of a White Castle at the corner of Sunrise Highway and St. Mark's Avenue, forming an ad hoc citizens group, called the Bellmore Preservation Group, to fight the project.

In a phone interview, Christopher Benes, the attorney representing the Bellmore Preservation Group, said that he was not surprised to hear that White Castle planned to file an Article 78. He noted that the filing is against the town, "so the town will seek to uphold its Board of Zoning position." Even though the filing is against the town, the Preservation Group's opinion will be heard as an interested party, Benes said.

Benes added that White Castle was offered an alternate location in a commercial district in Freeport, but did not consider it.

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