Competing Bids for O’Toole’s and The Great American Pub Spark Selectmen Debate and Threats of Lawsuits

A high-stakes legal battle is brewing between two restaurant developers vying for the town’s last remaining all-alcohol liquor license. Town selectmen voted last night to schedule competitive hearings in two weeks to weigh applications from James H. Shane, developer of the proposed O’Toole’s restaurant on Carnegie Row off Route 1, against The Great American Pub, which aims to open a new dining establishment behind Syms on Route 1.

The showdown immediately turned contentious as legal counsel for The Great American Pub urged selectmen to throw out O’Toole’s application. Attorneys John J. Mulvehill and Brian Gilligan argued that O’Toole’s submission was invalid ab initio because the business lacked a required zoning special permit—needed due to its location in a manufacturing district—at the exact time of application. Furthermore, Mulvehill warned that his client would file a lawsuit against the town if the license were awarded to O’Toole’s, a stance backed by an advisory opinion from Town Counsel Michael Lehane, who agreed that permits should precede license bids.

Conversely, O’Toole’s attorney, James Hilliard, defended his client’s standing, noting that Shane successfully secured his special permit from the zoning board of appeals and that O’Toole’s filed its application well before its competitor. Selectman John Kinnaly sharply rebuffed the legal challenges against O’Toole’s, lashing out at outside attorneys: “The policy of the board is made by the board, not by the town counsel, not by outside attorneys.” Ultimately, selectmen voted 3-1 to allow O’Toole’s application to remain active, with Selectman Chairman Gary Lee casting the lone dissenting vote.

Archival Note: This article has been dynamically reconstructed from the original public record print archives of the Patriot Ledger

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