Saturday, August 23, 2014

Homeowners Unhappy with Planned Pizzeria

Palladino's center, Uglum residence to the left 
Familiar name at the center of new legal matter.

Dino McDowell, along with his wife Lori and family members Dennis H. McDowell and Jackie McDowell, opened Fuoco di Napoli on Pharr Road in Buckhead in late 2011.  In April of 2012, Antico Pizza Napoletana, the popular pizzeria with which the McDowell family had previously partnered, sued them.  Public details of the  federal "intellectual property - trademark" lawsuit are scarce, but a short time later, Fuoco di Napoli abruptly closed.     

Fast forward to earlier this year, back home in Carrollton, Dino decides it's time to try his luck at pizza again.  Far from the stiff competition and high priced real estate of metro Atlanta, McDowell partners with fellow Carrollton resident Joe Palladino to open Palladino's Wood Fired Artisan Pizza.
Vacant property at 342 Maple Street near its intersection with South Aycock Street was purchased with the intent to build a new restaurant on the land.  To the left of the would-be restaurant, at 338 Maple Street, live James and Marlene Uglum.  Across the street from 242 Maple is the Maple Street Mansion, an historic structure previously home to a local restaurant, and recently saved from demolition.  

Photo from the Palladino's Facebook page showing the foundation being poured on June 18th.
The foundation for Palladino's was poured in mid June with construction continuing through this week.  As you can see in the first photo from last week, the building is nearly complete.  Apparently, the Uglums were never pleased with the project but just started the legal process in June.  It's not exactly clear why they waited so long to officially lodge their complaint with proper authorities.   

The Uglums allege that the property in question, formerly home to a residence which was then converted to a frat house, has a covenant dating back to 1996, that imposes certain setback requirements for buildings on the site.  The Uglums' attorney argued that the City of Carrollton should never have issued the initial building permit, as the existing covenants should have precluded the redevelopment.  

Attorney Tom Parmer, representing Palladino's, said his client purchased the property in 2013 and no covenants appeared anywhere in the chain of titles.

Superior Court Judge John Simpson issued a ruling Friday denying the Uglums' motion for injunctive relief. The Uglums have reportedly turned their attention toward a lawsuit against the city of Carrollton. “We plan to sue the city for its incompetence in issuing the building permit,” said Uglum after the ruling.  

More on this story can be found on Times-Georgian website (behind a paywall)  

This picture (from Palladino's facebook page) shows just how close the restaurant is to the Uglum's home.


Anonymous said...

Can't blame the Uglums. Only recourse if legal methods don't work is to attempt to have their house rezoned for commercial/business use and sell the house. It's difficult to see that property remaining an attractive option for a residence.

Anonymous said...

I totally agree as this pizza business clashes with such a nice older residence and shouldn't have ever received zoning approval. Any legal action is understood.

The Anti-Gnostic said...

I would love to live next door to a good restaurant.

Anonymous said...

The Uglum home should make a nice restaurant when they decide to sell. You can't stop the tide.

Anonymous said...

"Attorney Tom Parmer, representing Palladino's, said his client purchased the property in 2013 and no covenants appeared anywhere in the chain of titles."

Looks like the title company may have missed Carroll County deed book 944, page 322 - "Protective Covenants and Restrictions Running With The Land and Reservations of Easements for 342 Maple Street" May 22, 1995

But in the quick search, I didn't look to see if the restrictions were ever amended or removed.

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