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| Photo: Josh Warburton |
Written by Marcos Camargo
On Thursday, July 9, the Town of Springdale and Izzy Poco, LLC, officially signed a settlement agreement ending a nine-year lawsuit over the town’s ordinance banning formula restaurants. The Springdale Town Council announced the settlement on June 29, but there was a brief period of limbo after Izzy Poco failed to meet the soft-deadline of July 7 that had been given by the Town to sign the paperwork.
Part of the settlement states that Springdale must repeal the ordinance, but in order for a repeal to happen, the Town Council must hold a public comment session and a council vote. The delay in signing the paperwork on July 7 pushed back both the comment session and the vote until the August meeting.
Mayor Stan Smith said that the Council did not want to move forward with the repeal of the ordinance until two things had occurred: Izzy Poco signing the settlement and the judge overseeing the lawsuit dismissing the case.
“The case still has to go to the judge, and the judge has to dismiss it before the litigation stops,” said Smith. “Once the judge signs off on it, litigation is over, and the case is totally settled.”
Although the ordinance has not been officially rescinded, repeal seems imminent based on a unanimous vote by the Council on June 29 to accept the terms of the settlement. If the August vote mirrors the June vote, Springdale’s ordinance banning formula restaurants will end immediately following the meeting.
Many citizens of Springdale have voiced their opposition to the repeal based on their belief that allowing formula restaurants to operate in Springdale will ruin the town’s rustic atmosphere. Smith said he couldn’t discuss how and why the town accepted the controversial settlement terms until after the judge fully dismissed the case; however, he said he plans to release a detailed explanation as soon as the case has been officially closed.
None of Izzy Poco’s owners or attorneys could be reached for comment.
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