gentlemen
Owner of proposed
gentlemen’s club sought summary judgment
By Sherry conohan
Staff Writer
EATONTOWN — Don’t expect to see the "Grand Opening" sign for a Delilah’s Den in the borough anytime soon.
U.S. District Court Judge Anne E. Thompson, sitting in Trenton, recently denied a motion for summary judgment to allow the gentlemen’s club, which would not serve alcohol but would feature nude dancers, to open immediately.
Attorneys for 305 Highway 35 Inc., the company seeking to open the club, expected to operate under the name Delilah’s Den, made the motion seeking the summary judgment. They argued that the borough is unconstitutionally putting roadblocks in front of the business’ opening in a building that was formerly a Lonestar Steakhouse restaurant.
During the hearing, according to Borough Attorney Gene Anthony, Richard Shibell, Ocean, previously identified only as the lawyer for 305 Highway 35 Inc., was identified as the principal in the corporation and owner of the proposed club.
Lewis Robertson, Red Bank, represented 305 Highway 35 Inc. in the federal hearing.
In addition to seeking the right to open the club, the attorneys for the company also sought an injunction to block the borough from prohibiting it from proceeding with renovations to the building, located on the southbound side of the highway across from Capitol Lighting.
Thompson also denied that request.
Anthony, along with Frank Yuresko of Somerville, hired as a special counsel for the case by the borough, successfully argued against the summary judgment and injunction request, noting that the borough had not had an opportunity to present experts or cross examine the experts 305 Highway 35 Inc. relied on in making its case.
The motion from the company included an affidavit from an expert witness saying the borough did not allow live entertainment, according to Anthony.
Anthony said the borough pointed out that live entertainment is offered in a number of locations in the borough, including the Playhouse, a small theater on Route 35 where productions have included Oh! Calcutta! and Hair; at the Cabaret, which has go-go dancers; and at restaurants which have live music.
Shibell also contended that its operation would be the same as an adult bookstore that operates just to the north of the club’s proposed site, but Anthony said the area has been rezoned since the store opened.
The borough’s attorneys also noted that 305 Highway 35 Inc. had not exhausted its administrative remedies before filing suit.
Anthony said the company never applied for a building permit or zoning variance. He said unless the business was a family-style restaurant, as was its predecessor, it would require a variance.
"They might have been denied a variance. They might have been denied a building permit," he said. "But they didn’t even try."