Village Supermarkets to File Lawsuit Against Westfield for $3.2 Million
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—HOW TO GET THE LEADER =rl Just Fill in the Form On Page 8 And Return It to Us! CO <= — Serving the Town Since 1890 — usrsuww OUR 106lh YEAR brand Cha hUf Pah) •• tV«rtWd, W- Thursday, September 7,1995 EftryTtoxIrr 232-4407 FIFTY CENTS DOCUMENT TO CITE LOST PROFITS. COSTS AND EXPENSES INCURRED BY FIRM Village Supermarkets to File Lawsuit Against Westfield for $3.2 Million Over ShopRite Case Town Planning Board Rejected Proposed 58,000-Square-Foot Store in April; Springfield-Based Company Moving Ahead to Place Store in Garwood By PAUL J. PEYTON New Jersey, at which time Village Thecompanyhassigned alease M MWlun Jbr Thr WtufitU Uadtr Supermarkets could amend its agreement for the strip mall in Wesificld Cinema Village Supermarkets Inc. was original lawsuit. That litigation, Garwood which is operated by Closes Suddenly expected to file an unprecedented filed several months ago, seeks to Plaza Properties of Kenilworth. The 643-seal. two-screen lawsuit against Westfield this have the board's decision reversed At a special Westfield Planning WcstfieldTwinCinemaon Central week for damages in the amount and the firm's original applica- Board meeting in June, Mr. Sauro Avenue closed unexpectedly on of $3.2 million stemming from August 30. Mayor Garland C. tion approved. The new lawsuit, indicated Village intends to pur- "Bud" Doothe, Jr. said the town the Planning Board's decision in Mr. Sauro said, cites lost profits, chase the strip mall and demolish was not notified of the closing. A PERFECT FIT...Tamaqucs School second-grade teacher, Miss Christine May denying the company's ap- Carswill.tiicourageslastyfar'sclassmatesStevcnl.yntsandLorenaZainmarcll costs and expenses incurred by it to make room for the ShopRite. Signs for coming attractions had to utilize science equipment which is stored in containers made passible by a plication to construct a 58,000- the firm as a result of the hearings. The firm, Mr. Sauro said, lias been removed with a notice advis- ing movic-gocrs of the theater's •nhil-grunt from the Education Fund of Westfield. Miss Carswill Is- one of 11 square-foot ShopRite supermar- Mr. Sauro said Village is con- not filed its amended application teachers awarded mini-grants in the past three years for projects that may not ket on North Avenue. demise. otherwise IK funded through the regular school budget. The need for the science tinuing to move forward with its with the Garwood Planning Board. The three-screen RialtoTheatre containers was determined through Hie cooperative effort of parents and the Frank Sauro, General Counsel plans announced in June to con- The Garwood board will meet next on East Broad Slreet is now SlufT Science Committee of Tmnaques School, a school spokesman said. The for Village, told The Westfteld struct the store and a parking lot, on Wednesday, September 27. It Wcstfield's sole movie house. The Education Fund has awarded more than $4,800 in mini-grants based on Leader that the town will have six with less parking spaces than the approved the original application Westfieid Cinema building had proposals from individual teachers in schools throughout Westfield. The spokes- housedasupertnarketinthe 1950s. man noted (hat the fund also provides grants for school-wide and district-wide months to evaluate the complaint, Westfield-Garwoodplan, entirely for a Westfield-Garwood store at projects that will enhance the education of YVeslflcld students. filed under the Tort Claim Act of in Garwood. The last two movies to play at its June 26 meeting by a 7-0 tally. theWestficldTwin wereSomer/img By comparison, the Westfield to Talk About and A Kid in King Planning Board rejected (he same Arthur's Court Please see a pic- Town Council to Hold Adoption Vote on Ordinance application by a5-1 vote on April ture on Page 3. 27. Village's appeal of that deci- enue while Mr. Butler lepresented sion was filed on June 15, the day Reilly Oldsmobile on North Av- Ibesday Which Would Ban Cigarette Machines after the board approved the enue. memorialization of its decision. In March, the Town Council No Action to Be Taken on Proposed Law Regarding Incongruous Design; In the appeal, filed with thestate introduced an ordinance to revise Superior Court in Elizabeth, Vil- itszoningordinance which would lage claimed that Westfield have changed zoning on the Municipal Services Agreement to Be Signed With Eastgate Condominiums board's denial of its variance-free •- ^*> •—- Westfield Lumber and Home Cen- have complete control over the sales chines in Westfield. application "lacked any reason- Uy PAUL J. PEYTON ing by underaged persons. In addi- ter lot from commercial to light of cigarettes from vending machines. Of the seven members of the nine- able basis in fact or in law and was tion to cigarette machines, the pro- nicmber governing body, who ex- industrial and office, thus making Nearly four months after tabling When a restaurant manager oFern- arbitrary, capricious and unrea- posed policy would ban self-service ployee determines a person is of the pressed an opinion on the machines a supermarket a non-permitled tin ordinance which would ban ciga- cigarette racks in stores and require legal age of 18 or older to purchase at Tuesday's council conference meet- sonable." use. rette machines in Wcsttleld, the Town all sales to be mude through retail cigarettes, he aims the hand-held de- ing, four favored a ban on the ma- The ShopRite case has beenone Council will finally decide this Tues- clerks. Village officials went to court vice, which issimilartoagarage door chines with just two members saying of the most emotional applica- day, September 12, whether to adopt Mayor Garland C. "Dud" Boothe, and successfully got an injunc- opener, at the machine and pushes a they would like to try the lockout tions ever heard by a Westfield the existing ordinance or introduce Jr. lold the council Tuesday tiightlhat button thus activating the machine. devices. tion against First Ward Council- board. During the45 hearings held an alternative such as lucknut de- he wants action taken on the mutter at Only one pack of cigarettes drops Fourth Ward Councilman Michael man Norman N. Greco from vot- vices on (lie machines. the meeting. The council tabled [he from the machine for each purchase E. Panagos, Chairman of ihe Laws overtwo years, the opposition was ing on the ordinance since his A proposal this summer by the ordinance May 23 alter an allorney, : each time it is activated. There are an and Rules Committee, said the com- represented by Westfield attorneys wife's in-laws own several build- I ood unU Ding Administration and representing cigarette vending ma- estimated 10 cigurette vending ma- mittee was in favor of the lockout Brian Fahey and William Butler. supported by President Clinton would chinecompanies,presented informa- ings in the downtown area. devices. He added, however, that a Mr. Fahey was hired by Dr. and ban ihe machines nationwide as part tion in favor of the lockout devices few committee members wanted a In addition, Norman "Dutch" of a scries of restrictions loend smok- The devices enable an operatoi to Mrs. Ulf Dolling of Fourth Av- COHTIHUEOONPiGEt Walter Halpin to Retire Blue Devil Marching Band to Kick Off From County Clerk Post Sixth Annual FestiFall September 17 He Recalls 1988 Presidential Primary Election Over 25 Food Concessions and Entertainment to Be Featured Afler 29 years as Union County willsupporlhisDcpulyCountyClcrk Court Clerk, Walter G. Halpin an- Paul J. O'Keefe, a former Republi- The 95-mcmber Westfield High Westfield wiil be detoured far the culinary creative, the "Pampered nounced last week that he will resign can Union Counly Freeholder and School Blue Devils Marching Band event, the spokeswoman noted. The Chef ofClassicRedpcs and Kitchen effective next Saturday, September Plainfield Mayor, for the vacancy will play and strut on Prospect Street Westfield Area Chamber of Com- Shoppe, David Martone, said he wiil 16. The 41-year Fanwood resident, Mr. O'Keefe was appointed by Mr to kick off the Sixth Annual FestiFall merce will host the event which will answer questions about his cooking the 11 th person to serve as clerk, first Halpin to Ihe position earlier this of Arts and Crafts on Sunday. Sep include over 300 exhibits of artists classes. joined the county's payroll 3K years year. The appointment wus approved tembcr 17. "The show is now a Cen- and craftsmen from several states, "FestiFall is a marketplace of fine ago. by the counly'sBoardof Chosen Free- tral Jersey favorite known for both international and local food vendors art and craft items that include origi- His string of 31 consecutive years holders with the Democrats on the quality and diverse crafts, art and and a wide variety of entertainers and nal designer and hand-painted cloth- as an elected or appointed official is board voting against it. music," a spokeswoman said. children's activities. ing, toys, hand-thrown pottery, sculp- the longest in the county. He sent a Mr. O' Keel'e will take over as Act- The hours will be from noon to 6 TWo stage areas are planned with ture, bonsai, rubber stamps, porce- copy of his resignation to the Gover- ing County Clerk until after the elec s, p.m. entertainment that wilt include Irish lain dolls, marionettes, hand-made nor, Mrs. Christine Todd Whitman. tion. The Union County Republican Traffic along Elm, Quimby, Pros- harpist and vocalist Aideen furniture,Teddy bears, and one-of-a- pect and East Broad Streeis in O'DonneIl.thebluegrassband"Over kind decorative pieces for the home," As a county clerk, Mr. Halpin has the spokeswoman said. sworn in more than 17,000 new the Edge," the a cappella group' 'Top- United Stales citizens and overseen root," and twochildren's storylellers.