Cabaret club owners Billy Dean and Rori Gordon are taking their case back to the State Supreme Court In Nassau County to appeal the court’s ruling on their permit application in May.
Justice Antonio Brandveen upheld a decision by the Hempstead Town Board of Appeals to deny the club owners’ application for a cabaret permit at their proposed Wantagh nightclub and restaurant.
Now, the owners and their company, Green 2009 Inc., have filed a motion to vacate the order. They are asking the judge to reverse his decision and grant them the license.
The judge will begin listening to cases on Tuesday at 9:30 a.m. at the court, at 100 Supreme Court Drive in Mineola.
The owners unsuccessfully sued the appeals board and its seven members in October for denying the cabaret license for their property at 3500 Sunrise Hwy.
Their attorney cited the board's initial approval of the cabaret application in June 2010 which led to the start of construction on a lot that was purchased for $950,000.
The board denied the application in August after residents said a club would damage the area’s character, increase traffic and create parking problems.
The license would have allowed Dean to have live music, dancing and entertainment at his planned Mile High Club, with a “Las Vegas-style” feel, but not topless or nude entertainment.
The new court hearing comes as Dean is awaiting the appeals board decision about his petition for a five-year renewal of the cabaret permit and off-street parking variance for his Showtime Cafe in North Bellmore, which bills itself as “Long Island’s No. 1 Strip Club.”