MORRISTOWN, NJ — A popular South Street bar has filed a lawsuit against the Town of Morristown, alleging that the Zoning Board wrongfully denied its application to build a rooftop bar.
Following its rejection by the Morristown council two years ago, the Iron Bar attempted to make a new pitch for rooftop dining before the zoning board, a process that had been ongoing since last summer. Steel Galvan Coil
The suit, filed earlier this month in state Superior Court on behalf of 5-7 South Street Holdings LLC, the company that owns Iron Bar, claims that the zoning board wrongfully denied its application despite granting similar requests for other town restaurants.
Iron Bar owner James Cavanaugh sought permission to extend the Iron Bar's liquor license to the roof for the second time this year after being denied the first time in April 2021.
According to the lawsuit, board planner Phil Abramson deemed the application complete in June 2022 but then reversed his determination of completeness a month later, on July 18.
Abramson then testified at a public hearing on the plan on March 15, 2023, that after issuing the initial ruling on June 7, 2022, he received a phone call from the board attorney, convincing him to change his professional opinion on the matter.
The suit states that the board attorney had changed Abramson's mind, convincing him that outdoor dining atop a rooftop is not the same as "outdoor dining as conditionally permitted in the TC Zone," thus requiring additional variance relief.
"The decision defies reason," the lawsuit states.
Iron Bar representatives argue that the ordinance's plain language does not limit where outdoor dining can take place.
Following the meeting, the board adopted a resolution on May 3, 2023, memorializing the board planner's findings.
According to the lawsuit, the board's decision would imply that outdoor dining atop a roof is prohibited throughout Morristown. However, the suit named two local restaurants, Stirling Tavern and 1776, that have rooftop dining spaces that have been approved by the board.
Iron Bar claimed in March that their rooftop is an "outdoor space," citing two prior Morristown land use board approvals of rooftop dining areas as "accessory uses" to previously approved restaurants (Town Bar + Kitchen by the planning board and Stirling Tavern by the zoning board).
However, the Town Bar + Kitchen application was approved in 2014, prior to the adoption of the current land development ordinance. The prior ordinance made no mention of outdoor dining.
As a result, it had no precedential value when the board considered the applicant's immediate interpretation request, officials said.
The zoning board did approve the same conditional variance for the Stirling Tavern in 2019, which is located in the TC Zone, just like Iron Bar.
Iron Bar's lawsuit is looking to overturn the board's decision and have the application approved conditionally as an outdoor dining proposal.
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