The Village of Mineola is expecting the state Supreme Court will dismiss a lawsuit filed by the owners of the Bolla Market in Mineola that aims to overturn the village board’s ruling prohibiting the gas station and convenience store from staying open all night, Village Attorney John Gibbons said on Monday.
Gibbons said that there is a motion to dismiss the lawsuit filed to the Court and that a judge will rule on that motion by Aug. 14.
If that motion is rejected, the court could potentially hand down a decision on whether it would file an injunction that would allow the store to transition into operating 24 hours a day and request a reversal of the agreement made between the village and Bolla.
Gibbons said since that agreement was made two years ago, the statute of limitations for Bolla to contest that agreement passed.
If the court disagrees with Gibbons’ argument for dismissing the case, he said, he is confident that the village can successfully oppose the action on its merit.
“We saw that the real crux of the opposition was time and they offered a self-imposed regulation. It’s a common practice and it’s smart,” Gibbons said. “As a village, we don’t want to change that and make a bait-and-switch.”
Bolla’s location on 449 Jericho Turnpike is on a main road in a largely residential part of Mineola with two high schools less than a mile away from it — not far from two competitors.
One of those, a Sunoco at the intersection of Jericho Turnpike and Herricks Road, operates a convenience store that is open 24-hours-a-day.
Bolla cited the disparity in its complaint to the court.
Bolla, which is being represented by David Altman of Brown and Altman LLP. Altman, declined to comment after several requests made by the Williston Times.