BUFFALO, N.Y. (WIVB) - The owner of a popular restaurant in Buffalo's Elmwood Village, got a thumbs down to build a full-scale bar. Now, he might be serving up a lawsuit against the city.
The owner of the Acropolis restaurant in the Elmwood Village wanted to expand to a second floor, but some of his neighbors strongly oppose the plan.
On Tuesday the Common Council had it's say. By a vote of 8-to-1, the Council voted to approve a second floor expansion, but with restrictions. The restaurant can have 34 extra seats upstairs, but no loud music, and that area must be closed off after 11 p.m. weeknights and midnight on the weekends.
But the biggest restriction is that the upstairs cannot have a bar. The owner of the Acropolis is planning on fighting that decision in court. But city leaders are standing firm.
"He's claiming he's going to sue. Whatever. If he wants to sue, let a judge decide. But the district council member is doing his job, we're doing our job and we just want to see how we can help him. If he doesn't have an upstairs kitchen, I don't see why he needs an upstairs bar. Plain and simple," said Council President Rich Fontana.
Lawmakers say it's a compromise. And while neighbors won't get everything they want, neither will the restaurant owner.
Fontana voted against Tuesday's plan because he feels some of the restrictions are too harsh. When News 4 spoke to him Tuesday afternoon, he said that's likely the same argument the restaurant's owner will use in court, and he may win.
If a judge rules in his favor, it would overturn the Council's vote, the expansion would go through as planned and it could happen quickly - within a month.
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