Waffle House suit continues

By Charles Sowell  

FEBRUARY 26, 2010 11:29 a.m. (0)

Waffle House’s attorney has filed a motion asking for partial summary judgment against the City of Greenville in the company’s lawsuit challenging changes to the zoning code that makes 24-hour a day, 7-day a week operation subject to special regulation in areas zoned C-2.

In a companion motion, the restaurant asks for a speedy trial should the motion for summary judgment be denied.

Waffle House alleges the city changed the C-2 zoning statue after they started the process of putting a restaurant at 11 E. Stone Ave. They claim the city’s changes to zoning law deprive them of the right to use the property in what was a legitimate purpose at the time of purchase.

The city has denied Waffle House’s allegations in their answer to the suit and had no comment beyond their court filings.

Earle Street residents said the restaurant chain closed on the property after the change in zoning and knew that they’d have to file for a special exception to stay open 24 hours.

City council meetings were swamped with protesters from Earle and North Main after plans for the restaurant went public in June of last year.

“We feel that we’ve been treated unfairly by the city,” said Pat Warner, spokesman for Waffle House.

He said the company has paid about $1 million in taxes since opening their first store in 1967.

“In the past 30 years we (Waffle House) have offered steady work to more than 3,000 Greenville residents,” Warner said.

“It’s really crazy at a time when business investment is scarce and when tens of thousands are looking for good, secure jobs that the city of Greenville is going out of its way, taking what we consider illegal actions, to prevent investment and opportunity in the community.”

Councilwoman Amy Ryberg Doyle said she wished that Waffle House had followed the process through the Board of Zoning Appeals (BZA) before filing suit.

Last summer City Council, after a series of meetings packed with protesters, voted to make a zoning change that would do away with 24-hour operations in areas zoned C-2.

Waffle House was offered the opportunity to request a variance in the zoning code through the BZA. The company opted to sue the city instead.

Jan Vogelsang, who on Earle St., behind the restaurant site, is worried about crime, noise and light pollution.

“In my opinion, Waffle House wants to come into city limits everywhere, and is moving in that direction,” Vogelsang said. “One neighbor described them as a business that wants us to change the character of our historic neighborhoods but does not want to change the character of their business model.”

Russ Stevens, who owned the property at 11 E. Stone before selling it to Waffle House, is outraged over the public reaction and the city’s zoning change. He is contemplating suing the city, too, because of money he lost in the Waffle House deal.

“We do not trust Waffle House to provide long-term, effective security. Not a single law enforcement person we have questioned confidentially has denied that Waffle House is a big problem,” Vogelsang said in a recent e-mail to the Journal.

“On a more personal level, this has been a devastating experience. People are emotional about their homes.”

She said a neighbor has invested a lot of money to renovate her home.

“She has a swimming pool in her backyard,” Vogelsang said. “Her decks will now overlook dumpsters that will be placed in the corner adjacent to her property.”