Court Gives Tavern at Tina's Until Oct. 15 to Build Bypass Lane or Close
Having missed the court's previous deadline to construct the lane opposite their property on North Avenue, the Imbronone sisters now have until Oct. 15 to build the lane and reimburse Macomb for court costs accumulated during the dispute.
If owners of The Tavern at Tina’s fail to comply with the latest orders from a Macomb County Circuit Court judge, their business will be closed on Oct. 15.
Ruling in the case of TTCH Development LLC vs. Macomb Township, Judge James Biernat, Jr. ordered TTCH (Tina's owners) to build a southbound bypass lane opposite the tavern's property on North Avenue and pay court costs accumulated by Macomb Township during the dispute by 5 p.m. Oct. 15 or face closure, according to court documents.
These orders stem from the January 2011 consent judgment signed by TTCH Development and Macomb Township following some three years of legal disputes. Per the consent judgment, Tina’s owners, sisters Cathy and Mary Jo Imbronone, had until June 1 to build a bypass lane on the west side of North Avenue.
When the deadline passed and the work was not completed, Macomb Township's legal counsel asked the court to hold TTCH Development in contempt of court and costs.
On Aug. 29, Biernat ruled to give TTCH Development until Sept. 24 to complete the work. When that deadline passed and the work was still not completed on Sept. 25, the judge ordered TTCH Development to reimburse the township for approximately $4,500 in court costs and attorney fees.
Richard Taubman, attorney for TTCH Development, said the Imbronone sisters have engaged a contractor at this time and work is expected to begin next week.
“They have been issued a permit by the (Macomb County Department of Roads) and they are going to do everything they can to facilitate the work,” he said. “I hope this is the end, I really do. I think my clients do also.”
While Taubman could not speak to the total cost of construction, he said his clients have had to borrow money to cover the expense.
“It is no secret my clients have been struggling financially,” he said. “They have had to borrow from an individual to pay for the work. This has really taken them to the edge. They’ve been unable to get bank support.”
If by 5 p.m. Oct. 15, the bypass lane is installed, inspected and approved per the plans of the Macomb County Department of Roads, the case will be closed.
Should an event beyond TTCH's control prevent construction of the bypass lane, TTCH may file an emergency motion to have the court review the issue. But if TTCH fails to comply with the court's orders for any other reason, The Tavern at Tina's will be closed at 5 p.m. Oct. 15 and remain closed until the work is done and payments submitted.