Lynn pizza battle heading to high court

LYNN – The rotten tomatoes continue to fly on Boston Street over a battle between two pizza shops.After two separate rulings by the Salem Superior Court and the Massachusetts Appeals Court in favor of Carolyn Bianchi, proprietor of Bianchi’s, and the City Council, the battle continues to wage on.Konstadinos Koutroubis and Florence Poulopoulos, who both hold interest in the pizza shop Effie’s which is located in close proximity to the proposed Bianchi’s site, appealed the latest court decision Thursday, the last day to do so.Bianchi said she was shocked to learn that the case would now make its way to the Supreme Court.”I want people to know that I can’t open my shop because he (Koutroubis) won’t stop appealing,” Bianchi said. “He is denying my right to thrive and he’s being a real jerk.”The situation stems from a decision made by the City Council in 2006, when a special permit was granted to Bianchi to sell food at 820-820A Boston St., located next door to Effie’s.The decision sparked the lawsuit against Bianchi and the council, because Koutroubis and Poulopoulos cited parking concerns, along with potential noise, odor, refuse and litter problems.Poulopoulos, who is vice president of VEP Enterprises, Inc., and Koutroubis, a trustee of 816 Boston Street Realty, both hold interest in Effie’s Pizza (business name Picolo Pizza) located at 816 Boston St., according to court documents.On behalf of Koutroubis and Poulopoulos, attorney Nicholas G. Curuby was seeking to have a judge declare that the councilor’s actions violated statute and therefore are void and invalid, and his clients should be awarded any such relief the court deemed proper.Bianchi, who owns another pizza shop in Revere, said she had open-heart surgery last year because of the emotional grief she has suffered with the lawsuit.Frustrated that Koutroubis and Poulopoulos insist on keeping the lawsuit alive, Bianchi said she would like to get her business up and running before she suffers another physical setback.”I’m just mad because this isn’t coming to an end and he’s causing me grief,” Bianchi said. “I think they’re afraid of competition, and I don’t know how much more time I have to wait.”Since Bianchi was granted the special permit by the council, a sign has hung in the window of the proposed pizza shop, which has now faded with time.”They wanted to buy me out and they don’t want this to end,” she said.Salem Superior Court Judge David Lowy however, ruled in favor of Bianchi and the council in March 2007 and the Appeals Court followed suit in April.Lowy said there is no evidence of arbitrary or capricious behavior, or that the council abused its discretion in issuing the decision.