The city has filed notice that it is maintaining its right to appeal a State Supreme Court ruling that found in favor of Acropolis OPA restaurant on Elmwood Avenue.
The decision, filed Nov. 15, found that the Common Council failed to establish “any rational basis” for putting conditions on music and restaurant licenses at the Greek restaurant.
Acropolis owner Paul Tsouflidis sued the city and won, following a protracted battle with City Hall earlier this year over what activities would be allowed at the restaurant.
He is “shocked” by the city’s action, he said Thursday.
The city has 30 days from the decision to file a notice of appeal, and will decide whether to go ahead with the appeal during the next 60 days.
The city is leaving its options open, said Corporation Counsel Timothy A. Ball.
Some of the restaurant’s Elmwood Village neighbors were opposed to Tsouflidis’ expansion plans, which included turning the upstairs into a nightclub. They complained about loud music coming from the restaurant before the city had acted on Tsouflidis’ applications for music and dance licenses.
Delaware Council Member Michael J. LoCurto said Tsouflidis’ vision for the restaurant, as presented to City Hall, was not a good fit for the neighborhood.
Tsouflidis said he has spent more than $30,000 to negotiate with City Hall on his restaurant’s expansion, and the subsequent litigation. He plans to spend an additional $30,000 on the appeal.
“If it’s $100,000, I’m going to spend it just to defend my business,” he said.
Tsouflidis said he has a warm relationship with Mayor Byron W. Brown and accused LoCurto of driving the city’s decision to appeal.
“I wish I had that much power,” said LoCurto, who is a member of a minority on the Council, one that is not aligned with Brown.
It is up to the city Law Department, which represents the administration and the Common Council in legal matters, to decide whether to appeal, LoCurto said.
Tsouflidis said he has no plans to open a second-floor bar, which was one of the more controversial aspects of his expansion plans, and that he likes his restaurant the way it is, though he would like to add karaoke.
The Council voted in March to place nine restrictions on the business, a move State Supreme Court Justice Joseph R. Glownia ruled was “annulled, vacated and set aside.” He ordered the restrictions removed from the licenses.