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District Convenience sues Dedham to restore alcohol license

Posted by Dave Eisenstadter  June 21, 2013 02:55 PM

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The owner of District Convenience, which lost its alcohol license in Dedham recently, is suing the town to get it back.

Lawyer Michael Ford of Boston, who represents store owner Perry Makarios, filed the complaint Tuesday.

“We are seeking judicial review of the town’s actions and seeking reinstatement of the license with the Superior Court,” Ford said Friday.

Selectmen discussed the litigation in a closed meeting on Thursday.

Asked for his reaction to the lawsuit, Dedham selectmen chairman Michael Butler said he could not comment on pending litigation, but added that the vote to remove the license took place during a public meeting.

Selectmen unanimously voted at the meeting Wednesday, June 5, to rescind the license, which had been awarded in June 2010 to the store at 382 Washington St. in Dedham Square.

“Any actions taken tonight are for the benefit of the residents and taxpayers, in my mind,” Selectman Carmen Dello Iacono said shortly before the vote. “That’s what the license is here for -- for the residents of the town to use.”

Selectmen had previously revoked the license in October 2012 because the store was not operating during agreed-upon hours, but Makarios appealed the decision. The agreement called for Makarios to open for more hours over time and to report his hours to selectmen on a monthly basis.

Selectmen faulted Makarios for failing to report in a timely manner.

At the June 5 meeting, Makarios was represented by Dedham attorney Peter Zahka, who said the first two reports were filed late, but that the May report was filed on time. He added that the hours agreed to were upheld.

Makarios previously had told selectmen that his success at his location in Norwood had taken up more of his time than he had expected and that he was not able to devote as much time as he would have liked to the Dedham business.

A hearing will take place at 2 p.m. on Monday at Norfolk Superior Court in Dedham.

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