The Village of Mineola will be back in court on Aug. 14 arguing the dismissal of a lawsuit filed by owners of Bolla Market in Mineola in June that challenges a 2013 village board decision prohibiting its gas station/convenience store from operating for 24 hours, according to village officials. The board at the time approved Bolla’s plan, but with a 5 a.m. to 11 p.m. daily slate, making it the only Bolla location of the 75-store chain with an 18 hour schedule.
Village reps still argue Bolla’s offer of a non-24 hour schedule shows they listened to public concern brought up at multiple hearings on the 2,250 square foot store.
“I think we’ll be able to hopefully win,” Mayor Scott Strauss said. “They had a time-frame where they could have challenged the [village board 2013] decision,” Strauss said. “They didn’t. They offered [the hours] because I’m assuming they wanted to be a part of the village.”
According to village attorney John Gibbons, Mineola is arguing the statute of limitations on the village board’s decision has passed. On Friday, the village will submit its motion for dismissal, giving the judge 60 days to render a decision.
If the court denies Mineola’s motion, it could lean toward approving an injunction for Bolla some time in Septemer or October, allowing them to transition to a 24-hour operation and power to request the village board to reverse its two-year-old decision.
“We would have to put in all the papers to decide the case, put in the hearing transcripts and arguments as to why [Mineola] made the decision and why they should uphold the decision,” Gibbons said.
Gibbons affirmed the village would appeal to the appellate division of the second judicial department of the Supreme Court.
Bolla’s legal counsel, David Altman of Melville-based Brown and Altman LLP., did not return calls for comment.
“We’re exploring our legal rights and wanted to see if we can have a chance to compete with stores in the area that are open 24 hours,” Bolla Market CEO Harry Singh said in a phone interview in June. “We’re trying to obtain information through the legal system to see if that would be overturned because we had no choice but to agree with [the village board] because they were not approving the project [if it were 24 hours].”
Bolla’s approval was vehemently opposed in October and November 2013 hearings by White and Latham Road residents that abut the property. More than 140 residents combined attended the meetings.
