Iron Bar owner sues Morristown after rooftop dining proposal is rejected

Kyle Morel, New Jersey Herald
·2 min read

MORRISTOWN — A South Street bar has filed a lawsuit alleging the town Zoning Board improperly rejected its application to construct a rooftop dining area despite granting similar requests for other town restaurants.

The suit was filed in state Superior Court earlier this month on behalf of 5-7 South Street Holdings LLC, the company that owns Iron Bar, against the zoning board and the town itself. Iron Bar submitted an outdoor dining plan in October 2021 that the board voted down earlier this year.

The lawsuit states board planner Phil Abramson deemed the application complete in June 2022 before he "reversed his prior determination of completeness" a month later. Abramson testified at a March 15 public hearing on the plan that the board counsel "convinced him to change his professional planning opinion," according to the suit.

The updated decision claimed the plan was for "outdoor rooftop dining" rather than "outdoor dining" and thus required additional variance relief. Iron Bar representatives contended that the application was a permitted use in the zone and only required a variance for on-site parking.

Iron Bar on South Street in Morristown, pictured Tuesday, June 27, 2023.
Iron Bar on South Street in Morristown, pictured Tuesday, June 27, 2023.

The zoning board, however, voted against the plan in March and memorialized the decision May 3 - a move that was "arbitrary, capricious, unreasonable and contrary to law," according to the lawsuit.

"The decision defies reason," the suit added. "The ordinance does not limit by its plain language where outdoor dining can occur."

Neither David Brady, the Zoning Board attorney, nor David Minchello, the attorney representing Morristown, responded to requests for comment by Tuesday afternoon.

The March decision, according to the lawsuit, would indicate that "outdoor dining atop a roof" is prohibited throughout Morristown. But the suit cited two local restaurants, Stirling Tavern and 1776, that have rooftop dining spaces approved by the board.

Revolution Gastropub and Iron Bar on South Street in Morristown, pictured Tuesday, June 27, 2023.
Revolution Gastropub and Iron Bar on South Street in Morristown, pictured Tuesday, June 27, 2023.

Iron Bar's suit seeks to reverse the board's ruling and declare the application is conditionally permitted as an outdoor dining proposal. It also requests protection from any changes in zoning since October 2021 and calls for town professionals to process the application "without unreasonable delay, refusal, or obstacle."

The lawsuit marks the latest court conflict between Iron Bar's owner, James Cavanaugh, and Morristown officials.

In 2019, Cavanaugh sued Mayor Tim Dougherty and others in town for allegedly targeting his restaurants − Cavanaugh also owns the Revolution Gastropub next to Iron Bar − via hours restrictions and other acts to limit his business success.

Cavanaugh, a former Essex County freeholder, alleged that Dougherty sought retribution after he denied the mayor's request to invest in the Iron Bar. An attorney for Dougherty and the town called the claims "wholly without merit" at the time the suit was filed.

In 2017, Cavanaugh filed a lawsuit against the Morristown Parking Authority in response to use of a back alley behind Iron Bar and Revolution. The suit claimed residents of the 40 Park luxury apartments frequently crowded the alley, impacting the bars' use of the space for deliveries.

Kyle Morel is a local reporter covering Morris and Sussex counties.

Email: kmorel@njherald.com; Twitter: @KMorelNJH

This article originally appeared on New Jersey Herald: Iron Bar sues Morristown NJ for rooftop dining plan rejection