Meanwhile, Wilson - who, according to the South Street West Business Association, has complied with every regulation and has gone out of her way to accommodate her neighbors - is running out of stones for her slingshot.
"The economy is tough, and these legal fees are killing me," said Wilson, who makes 75 percent of her revenue from her summer business.
With the way the dispute has dragged on - three years and counting - Wilson can't help but wonder whether it's personal.
"I'm not trying to throw anybody under the bus, but the nightclub across the street plays outdoor music every weekend until 2 o'clock in the morning, but nobody complains," said Wilson, who stopped hosting live music in September. "It's like they're trying to put me out of business."
Agreement by mediation
To its credit, the court decided that rather than a full-blown hearing, the case would be assigned to mediation.
Which makes sense. The court is bogged down with 8,000 appeals a year. It doesn't need one more, especially such a petty one. Both parties should resolve this before a court-appointed mediator and save everybody a bunch of time, money, and aggravation.
Joseph Beller, Wilson's attorney, said mediation should favor the Jerk Hut, and not just because it has won every round so far. "It's an indication that the court thinks there should be some way to work out our differences," he said. "But if you want to know the truth, I'm wondering why in the hell do we have to argue a case that's been argued already?"
Good question. One worth asking Gary A. Krimstock, attorney for Symphony House, but he doesn't return my calls anymore.
