Judge orders Dream Nite Club to remain closed until next court hearing
A Washtenaw County judge decided Wednesday that Dream Nite Club in downtown Ann Arbor will remain closed after its attorney did not meet conditions set last week when a temporary restraining order was placed on the troubled bar.
The restraining order was signed Thursday by Washtenaw County Circuit Judge Timothy Connors after the city of Ann Arbor filed a lawsuit against the club on the same day. The city cited safety concerns after a stabbing and a shooting that occurred there last month.
Attorney David Shand, who respresents Dream Nite Club, did not have a list of receivers in time for Wednesday’s hearing before Washtenaw County Circuit Court Judge Melinda Morris.
Morris ordered the club to stay closed until both parties were ready to present options.
Before that ruling, Shand argued that he didn't have a chance last week to fight the restraining order for the club's owners, Jeffrey Mangray and Vickash Mangray.
“This order should never have been heard,” Shand said to Morris in reference to the restraining order signed Thursday by Connors.
Shand said he received a call from City Attorney Stephen Postema with less than an hour’s notice that Postema intended to file a restraining order. Shand said he had no chance to say anything Thursday before Connors put the order in place.
Postema disagreed and said he indicated to Shand days before that he intended to take court action.
“I called him a day or two before and told him this is unacceptable and we are going in,” he testified.
The city’s lawsuit against Dream Nite Club, located downtown at 314 S. Fourth Ave., asks the court to declare the business a public nuisance and shut it down.
Since September 2007, the suit says, Ann Arbor police have received more than 200 calls to the club that formerly operated under the name Studio 4. The incidents have included liquor violations, disorderly conduct cases and assaults, the suit says.
On May 1, a man cut two men in the face and a woman in the leg with a sharp object during an early morning fight on the dance floor. On May 29, a man allegedly shot another man in the forearm in a parking lot next to the night club.
Police Chief Barnett Jones, who was present with Postema at Wednesday’s hearing, said after the hearing that he is worried the violence will continue to escalate. On more than one occasion, Jones said, his full on-duty police staff responded to control incidents at the club, along with officers from other police agencies.
“What we have is a situation we fear will escalate into a loss of lives,” he said, noting street fights that he said have turned into incidents with dangerous weapons in recent months. “We have to error on the side of our common good, our safety, our welfare and our tranquility.”
Postema and the city ultimately hope to have the club declared a nuisance and put out of business. While the court reviews the city’s lawsuit, he later said, the restraining order offers some reassurance for the public’s safety.
“The big issue is The Dream Nite Club remains controlled for this weekend,” he said of Morris’ decision to keep the restraining order in place. “We will comply with court orders and move this case forward in litigation.”
Shand said after Wednesday's hearing he has no objection to the appointment of a receiver to review safety practices and “make sure we are doing everything right.” He said he hoped to meet with Postema this week to work out a list of suggestions for a judge to review.
The next court date is pending.
Comments
James
Thu, Jun 16, 2011 : 11:08 p.m.
Is there no follow up story to this?
Sallyxyz
Sat, Jun 11, 2011 : 7 p.m.
Close it down for good. It obviously is a menace. That end of 4th is in a bad location, surrounded by empty office buildings at night, across from the bus terminal that attracts sketchy types hanging around and parking lots and a large parking structure. Not a good location, and it has a bad track record, as did its predecessor. Turn it into a parking garage.
fight hunger
Thu, Jun 9, 2011 : 2:45 p.m.
i just love when a plan comes together love judge conners i am on his side and i hope its get shut down forever ha hah my team won
eyesofjustice
Sat, Jun 11, 2011 : 3:37 a.m.
im sure this case is far from over.......
Roadman
Thu, Jun 9, 2011 : 3:26 a.m.
Tom, there have been mordant criticisms of certain members of the judiciary; see <a href="http://www.a2buzz.org" rel='nofollow'>www.a2buzz.org</a> Melinda Morris has in the recent past taken heat for some of her sentencing practices e.g. the Dean Devitis negligent homicide case. I personally agree with her decision in this case that a receiver is an appropriate pre-trial remedy. I have disagreed with her conduct and the conduct of others in county government in the past. I strongly believe in criticisms of some of our local judges just like other elected figures.
wlinsenbigler
Thu, Jun 9, 2011 : 1:08 a.m.
I hope that place remains closed until they decide to make sure that the people inside and out remain safe. Everytime I drive by that place at the end of the night, right after they close, there are police cars blocking the street and breaking up a disturbance.
The Watchman
Thu, Jun 9, 2011 : midnight
"We have to error on the side of our common good, our safety, our welfare and our tranquility." Huh?
Roadman
Thu, Jun 9, 2011 : 5:35 p.m.
@Tom: Respect for "honorable" judges. What about Operation Greylord in Chicago? Last I checked the Michigan Judicial Tenure Commission - my heroes - were winning about 90% of formal complaints they have filed against Michigan judicial officers.
Roadman
Thu, Jun 9, 2011 : 4:15 a.m.
@Tom: It was Barnett Jones, but Postema is mentioned in the same paragraph. I do stick by the "nitrogenous waste" characterization.
tom swift jr.
Thu, Jun 9, 2011 : 3:09 a.m.
It is interesting that Mr. Roadman attributes this quote to Postema. It appears he didn't read the article. I also find it interesting that he refers to a member of the judiciary as "Ol' Melinda", a showing of disrespect for a postion that, until this day and age, has held some honor in our country. It is a shame that faceless discussions such as this allow us to sink to that level.
Roadman
Thu, Jun 9, 2011 : 12:06 a.m.
Postema is full of bombastic sesquipedalianism. He apparently believes such grandiloquence justifies him being the highest paid City Attorney in Michigan. Expect the nitrogenous waste to intersect with the rotating airfoils when the parties go back before Ol' Melinda with lists of prospective receivers in hand.
Roadman
Wed, Jun 8, 2011 : 11:45 p.m.
A court-appointed receiver would be a good solution for all sides. Usually a receiver in such cases is an attorney or business management expert with some background in the type of business he or she takes control of. He or she has essentially dictatorial powers over the business operations that he or she is charged with and typically issues periodic reports to the judge who issued the appointment. Very often the receiver lays off the upper-level management in such situations and does everything to ensure that the problems that caused the receivership (often excessive accrued debt, cash flow problems, or mismangement in general) are attended to with great dispatch. It is highly unusual to see poor security to cause a receiver to be appointed but hopefully this will be a step in the right direction. Expect a receiver to address the security problem with due diligence. Usually, when the problem that caused the receivership to be implemented abates, the receivership is dissolved. A receivership usually acts as a firm wake up call to the owners to formulate an acceptable plan andconvince the court that problems that led to a receiver being appointed are no longer an issue.
ViSHa
Thu, Jun 9, 2011 : 2:02 p.m.
but wont people be in an uproar if some type of "emergency financial management" takes over?