LOS ANGELES — Los Angeles County is seeking a legal finality to its public nuisance allegations against the former CEO and president of the now-closed Tinhorn Flats Saloon & Grill and the businessman’s countersuit alleging the county’s outdoor dining ban in late 2020 was unlawful.
Tinhorn Flats, which did business in Burbank, and at Cronies Sports Grill in Agoura Hills — which is no longer part of the case — were the subjects of a public nuisance suit filed against the businesses in Los Angeles Superior Court in January 2021. The suit, brought just before the outdoor dining ban was lifted, asked for an abatement order directing both restaurants to bring their businesses into compliance with the health orders and to allow inspectors to enter to ensure compliance.
In early 2021, the Los Angeles County Department of Public Health revoked Tinhorn Flats’ health permit, and its conditional-use permit was subsequently canceled by the Burbank City Council.
On Friday, county attorneys filed court papers with Judge Maureen Duffy-Lewis asking for judgment in the county’s favor on the public nuisance suit regarding Tinhorn Flats. The filing came just days before the judge is to hold a Feb. 24 hearing on the county’s separate motion to dismiss Tinhorn Flats’ countersuit.
Through its operating company, Barfly Inc., and Tinhorn Flats CEO Baret Lepejian, the Magnolia Boulevard eatery filed a countersuit in July 2021, arguing in their court papers that Tinhorn Flats “suffered immensely” while other non-essential businesses were allowed to stay open.
The countersuit further alleged that Tinhorn Flats was unfairly targeted and that the outdoor dining ban hampered the business’ ability to earn a living by conducting outdoor dining, despite what the eatery management claimed was a “total lack of scientific evidence or data” to support the order. The restaurant was thus deprived of its “constitutionally protected liberties and rights,” including…
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