Lavo sues Saugus

SAUGUS – Lavo Ristorante has appeared before the Board of Selectmen for four show cause hearings and taken its punishment each time without comment, but now the club is fighting back.Attorney Christopher Fallon has filed a lawsuit in Salem Superior Court seeking a temporary injunction that would block the rollback of the restaurant’s liquor and operational hours.In September the board hit Lavo with a three-day suspension, voted to revoke a license that allowed for alcohol to be served in an outdoor patio area and permanently rolled back all remaining licenses from 1:30 a.m. to 1 a.m.Lavo attorneys did not dispute the infractions leading to the suspension and rollback – instead calling them misunderstandings – but now Fallon is trying to put the rollback on hold.Fallon is arguing that the ruling was made based upon an error of law, it was unsupported by substantial evidence and that it was arbitrary, capricious and an abuse of discretion.He is also arguing that the ruling is causing irreparable harm to the business in the form of lost revenue during what he calls the restaurant’s most profitable hours and the loss of clientèle and customer base.In an affidavit, Paul Cucinatti, who owns the restaurant along with Michael Repucci, stated that Thursday, Friday and Saturday were Lavo’s busiest and most profitable nights, especially the later hours because surrounding communities have all rolled their hours back to 1 a.m., therefore Lavo is one of the few restaurants in the greater Lynn area that was still open between 1 and 1:30 a.m.Cucinatti said the location has historically had the right to sell alcohol between 1 a.m. and 2 a.m. and as a consequence, has developed a loyal clientèle that expects to be able to get a drink at that hour. Since the restaurant’s hours were rolled back to 1 a.m. on Sept. 7, Cucinatti said his weekend business has suffered a significant decline.According to court documents Cucinatti also stated, “we also experienced significant dissatisfaction from our clientèle and customer base as a consequence of having to close earlier than usual.”He went on to state that the lost revenue is creating a severe hardship that is only getting worse.However, Lavo’s hours were already set at 1:30 a.m. The rollback only changed the restaurant’s hours by 30 minutes.The hearing on the injunction is set for Thursday at 2 p.m. at the Essex County Superior Court in Newburyport.