Sports Barn lawsuit against Wellington dismissed

By Gary Raham
Wellington Correspondent

On Sept. 7, District Court Judge Daniel Kaup dismissed a lawsuit that claimed the town of Wellington's liquor board had acted arbitrarily in revoking the Sports Barn Grill and Saloon's liquor license earlier this year.

The Sports Barn's owners, Richard Present and Michael Farrell, filed the suit April 10. The complaint called for a monetary judgment in excess of $100,000, including attorney's fees, penalties or punitive damages.

After a public hearing on Feb. 28, the Wellington Liquor Licensing Authority concluded that the "licensed premises have been operated in a manner that adversely affects the public health, welfare or safety of the immediate neighborhood in which the establishment is located." It further stated that Present's "moral character and reputation" were not satisfactory for the renewal of a liquor license.

In its lawsuit, the Sports Barn contended that the first allegation hadn't met the criteria of the statute and that the board had been arbitrary in its treatment of businesses, citing events and a hearing involving the renewal of the T-Bar Inn's liquor license in the shadow of DUI arrests of one of its owners.

On May 22, Judge Kaup advised the plaintiff's attorney, Timothy G. McCarthy, to amend the details of the complaint. McCarthy did so on June 5, but the court found on June 19 that the liquor board had not acted arbitrarily, and in any case, the loss of the lease for the Sports Barn's licensed premises rendered the claim moot. The judge ruled that in the amended complaint the Sports Barn "simply recited their alleged motives, allegations, and the same facts stated in their original complaint."

Wellington Mayor Larry Noel said, "It was a waste of time to go to court over it, but we did it by the book. It did turn out the way I thought it would."

Noel didn't have an exact figure at hand, but thought the litigation probably cost the town about $2,500.