By:Joseph Keller
The closing of the [motel] at this time pursuant of [town code] would not conform with appropriate due process safeguard such as the opportunity for a hearing, Joseph wrote in his Dec. 1 decision.
The town filed its nuisance-law case June 14 after a second drug-related arrest was made on the motel property in a 12-month period, which automatically made the facility subject to the law.
Joseph essentially ruled that the town failed to prove the extraordinary circumstances necessary for him to immediately prohibit the property owner, Bharat Bhatt, from keeping the site open. Joseph called for a conference between the town-s and Bhatt-s attorneys on Feb. 18 to set a date for a trial.
This was just a denial of the preliminary injunction, said town spokeswoman Susan Trenkle. We-re still going forward for a permanent injunction. We-re actually in the discovery phase, and we expect the judge to be on the fast track and want to have all the discovery done and the trial ready by Feb. 18.
Trenkle added that the town-s public-nuisance case was a sidebar to its primary case against the motel, the condemnation and taking of the property for public parking using eminent domain law.
At a hearing in May, the Hempstead town board voted unanimously to condemn and take the motel property using its public-nuisance law, based on drug-related arrests and residents- testimony about activities they said have occurred on the motel property for many years, including under-age drinking, vandalism, burglaries, and sex offenders who have resided there.
Our primary focus has been and will continue to be obtaining this property for eminent domain for public benefit, Trenkle said. We-ve always known the public-nuisance case was going to be a tough battle. And that-s why our primary focus is the eminent domain. But we are going to pursue all options, and that-s why we-re continuing forward, seeking the permanent injunction.
The town has yet to officially file its eminent-domain case, but has completed all the preliminary work, including an environmental impact study for installing the parking lot. It-s actually going to be filed very soon, Trenkle said.
Kevin O-Brien, Bhatt-s attorney, said, Of course we agree with the judge-s ruling. I think the best resolution for everybody would be for a quick sale of this property, which is what we are still looking for.
Since summer, O-Brien has spoken with interested parties about purchasing the motel property, including drug store chains and motels, but has not yet found a buyer. If there are any interested purchasers out there, O-Brien said, I-d ask them to please come forward, because I think that will work to everyone-s best advantage.
Comments about this story? DMiller@liherald.com or (516) 569-4000 ext. 213.
