On Monday, November 16th, Steve Brodie’s Motion for a Temporary Restraining Order to enjoin the Mayor from issuing the five (5) liquor licenses to SPI Club and SPI Lounge was heard in Fulton County Superior Court. Brodie’s Attorneys argued that the Mayor had no authority to issue these liquor licenses because: (1) these nightclubs are not in compliance with the liquor license laws parking requirements; (2) the nightclubs violate the SPI-16 zoning ordinances because they exceed 10,000 square feet each; and, (3) the Mayor has not yet received the required letters from the Bureau of Buildings, Health Department or Fire Department stating that these nightclubs are in compliance with the applicable city code for their permitted uses. In addition, Brodie’s Attorneys argued that Brodie had standing to bring this action as a citizen of Midtown and as a tax-payer interest in seeing that the City of Atlanta enforces its laws.
Before the court could rule on Brodie’s motion, the Judge asked the City to agree that the Mayor would not issue the liquor licenses until after receiving all (3) letters, and after serving these letters on Brodie’s attorneys for their review, and after giving the Steve Brodie’s attorneys thirty (30) days time to review and respond or appeal the issuance of these letters. Once those letters are issued, then Steve Brodie and his attorneys will determine their next course of action. Both the City and SPI Club, Inc. filed motions to dismiss the TRO, but the Judge deferred ruling on those motions until after the underlying zoning issues are dealt with. The liquor licenses, therefore, will not be issued for, at the very least, the next 30 days, and perhaps into the foreseeable future.
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On Thursday, November 12th, Judge Westmoreland granted Steve Brodie’s Emergency Motion to permit entry into the SPI Club premises to conduct survey’s to verify the exact square footage within the buildings. The purpose of this survey is to confirm or deny that the building area exceeds the maximum square footage permitted under SPI-16. The survey will be conducted prior to the November 16 hearing before Judge Goger by representatives of Steve Brodie. SPI Club vehemently opposed Steve Brodie’s application but was not successful in their argument. This is another victory in the Brodie camp.
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Steve Brodie, a resident of Midtown, filed for a Temporary Restraining Order (TRO) to restrain the City and the Mayor from signing/granting liquor licenses for SPI. A hearing was held on November 4th, and the TRO was granted for 10 days.
Another TRO hearing is scheduled on Monday, November 16th at 1:30, in Fulton Superior Court, Judge Goger. This hearing will be a full hearing requesting an extension of 20 days.
Community support and attendance at the hearing helps to communicate to the Court that there is a strong public interest in this case.
