PEABODY — The Superior Court has denied without prejudice the motion of the Albanian Boston Community Inc. club for a temporary restraining order or alternative relief lifting the three-month suspension of its special permit imposed by the City Council for violating the permit’s terms. The ruling was issued by Judge Jeffrey Karp on March 27.
The council voted unanimously to suspend the permit and impose a fine at a Feb. 23 show-cause hearing after the club admitted that alcohol had been served or consumed on at least one occasion.
The club, located at 26 Howley St., filed an appeal in Essex County Superior Court on Friday, March 17 seeking to overturn the suspension. The complaint claimed that neither state law nor the city’s zoning ordinance “empowers (the council) to revoke or suspend a special permit once the same has been issued” and that “no provision of the special permit under review provided that the permit could be suspended or revoked for a violation of any of its terms or conditions.”
“We are going to take an appeal of the decision to a single justice at the Appellate Court,” said club attorney John Keilty.
Keilty added that he expects to file the appeal by the end of the week and have a hearing within the next 30 days.
