Kabaret nuisance fine overturned in court
BY VINCENT TODARO
Staff Writer

SPOTSWOOD -- Neighbors who have long complained about noise from a local restaurant absorbed a legal setback with a recent court decision.

State Superior Court Judge Deborah J. Venezia overturned a $2,000 fine against the Kabaret restaurant for violating the borough's nuisance ordinance. Residents had hoped the fine would be enough to stop the Summerhill Road restaurant, which has music and dancing on weekend nights, from playing loud music.

Citing procedural grounds, Venezia overturned the decision by Municipal Court Judge Edward Herman, which came on the heels of months of public and legal complaints from residents who live on Polonia Street, which is behind the establishment.

Noise from the music has been an issue for the neighbors for over a year, and they have angrily complained both to the media and at Borough Council meetings. Residents said an earlier mediation session with the owner of the Kabaret did not result in significant change.

"We don't know what to do now," said Fred Marshall, who has pressed complaints against Kabaret.

Marshall still has a complaint scheduled to be heard in the Spotswood court in December.

Council President Curtis Stollen said the overturned decision was based only an a "technicality" because Venezia ruled that the Kabaret's right to due process was violated.

"She reversed Judge Herman's conviction on strictly procedural grounds," he said.

Stollen said residents did such a good job proving their case that "they had to win." He said he too felt "great frustration" with the legal process.

He said he hopes the Kabaret sees that the borough did prove its case and "starts being better neighbors."

Marshall said he has seen improvement.

"I think in the past month, they have been relatively quiet," he said last week. "But we are all disappointed in the court."

Councilwoman Marge Drozd said she believes Spotswood will make a case against the Kabaret and correct whatever was wrong with the last process.

"The fact is these incidents happened and need to be addressed," she said.

Kabaret's manager, Neil Aydin, has argued that the restaurant plays music at a low volume level and that he did not understand the repeated complaints, even suggesting that they've been filed when the club was closed. He said he has worked to reach a compromise with the neighbors.