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Simon and Olivers Wood Fired Grill Shut Down

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  • #31
    Re: Simon and Olivers Wood Fired Grill Shut Down

    Comment


    • #32
      Re: Simon and Olivers Wood Fired Grill Shut Down

      IBO, not able to see picture.

      Comment


      • #33
        Re: Simon and Olivers Wood Fired Grill Shut Down

        just a sad situation...with the expenses of a new restaurant and the loans associated with it...not opening is just terrible.

        Comment


        • #34
          Re: Simon and Olivers Wood Fired Grill Shut Down

          Originally posted by hapnstance

          IBO, not able to see picture.


          Sign on their front door that reads;



          CLOSED DUE TO HOMEOWNER COMPLAINTS

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          • #35
            Re: Simon and Olivers Wood Fired Grill Shut Down

            What absolute crap. What were they expecting? I loathe HOAs. Bunch of prima donnas who have nothing else going on in their lives but to complain. I hope the restaurant sues them for a boatload.

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            • #36
              Re: Simon and Olivers Wood Fired Grill Shut Down

              I say, when they finally do open, everyone goes there for dinner on their next trip to OC. Give them back some of the business they have been missing.

              Comment


              • #37
                Re: Simon and Olivers Wood Fired Grill Shut Down

                how about having one of the oceancity.com's party nights there?
                common sense is not so common

                Comment


                • #38
                  Re: Simon and Olivers Wood Fired Grill Shut Down

                  I am pretty certain that the HOA DID NOT want them to ever sue or take them to court and wanted them to sign off on this before they would let them open back up. Simon & Olivers wasn't going to give up that right and hence we have the situation we are in now.........................according to comments on their Facebook page.



                  Wish them luck and hope to see them open again soon.

                  Comment


                  • #39
                    Re: Simon and Olivers Wood Fired Grill Shut Down

                    I still sue for a boatload...let an attorney decide if there is case..I agree with Hap I'm not a fan of HOA and power associated with them..absolute power corrupts absolutely and they define it!

                    Comment


                    • #40
                      Re: Simon and Olivers Wood Fired Grill Shut Down

                      I was once a HOA president. In WV, that doesn't mean much. Mainly got involved to keep the neighborhood psychos at bay, you know, the types that want to tell what type of flower you can plant. That being said, I say we all go there, have a great dinner but mount little pink flamingos all over our cars just to annoy the nosey butt heads. While we're at it, I'm mounting egg shell colored mini blinds in the family van, not the HOA approved white ones.

                      Comment


                      • #41
                        Re: Simon and Olivers Wood Fired Grill Shut Down

                        Any updates ?

                        Saw a CLOSED sign on their marquee last night.
                        Ain't nothin' but somthin' to do.

                        Comment


                        • #42
                          Re: Simon and Olivers Wood Fired Grill Shut Down

                          Curious about this place too... Is there any update. Did the HOA shut it down for good or are they still trying to get up and running... Only a month and a half of summer left...

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                          • #43
                            Re: Simon and Olivers Wood Fired Grill Shut Down

                            I've heard they are done and have filed a lawsuit against the Fountainhead hoa. That's what I've heard, and can't say that it is 100% confirmed.

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                            • #44
                              Re: Simon and Olivers Wood Fired Grill Shut Down

                              im staying at the Seawatch and walked over last night they are for sure shut down

                              man thats harsh that had to be pricy to get the perments needed for a place like that

                              Comment


                              • #45
                                Re: Simon and Olivers Wood Fired Grill Shut Down

                                So the HOA not only shut them down, they are now suing the restaurant for $15,000. The exhaust fans were located on the backside of the property and the fire marshal determined it was a fire hazard (and it was). Because of the fire marshall they were moved to where they are located now. The HOA complained that they were up too high, so they spent more money to have them modified and lowered. Then the Fire Marshal wanted a cat-walk so people could access the vents easily, and that was done. The HOA didn't like the "smell" of the wood, S&O had made preparations to have charcoal filters installed so you couldn't smell the wood burning.





                                Talk about bending over backwards to appease everyone from codes to complaints, and now getting sued after the HOA put them out of business and all the employees out of work. Unbelievable.





                                There is another side of the story, as there always is. Hopefully, in due time, this other side of the story will come to light and reflect the behavior of this HOA. I hope she sues and wins.



                                http://www.oceancitytoday.net/news/2011-08-05/Top_News/Condo_assoc_sues_restaurant_over_smoke_stacks.html



                                (Aug. 5, 2011) A north Ocean City condominium association is suing a restaurant that is part of the complex because the owner allegedly installed exhaust stacks for the wood-fired grille in a common area.

                                That conduct is likened to trespassing and the association wants the equipment removed. It also wants $15,000.

                                Lynnette Newberry, the majority owner of Simon and Oliver’s Wood-Fired Grille, LLC, leased unit 101, owned by Unit 101 Fountainhead Towers, LLC, which is not a party to the lawsuit. The lease was for a new restaurant, Simon & Oliver’s Wood-Fired Grille in the Fountainhead Tower Condominium at 116th Street.

                                In past years, the site has been home to the Lemon Tree, Crisfield’s, Anna Maria’s, Fausto’s and Surfside Susan’s restaurants.

                                [img width=250 height=87]http://www.oceancitytoday.net/sites/www.oceancitytoday.net/files/images/2011-08-05/10p2.preview.jpg[/img]
                                Condo owners are upset that these exhaust stacks are in a common area of the uptown complex. The lawsuit against Simon and Oliver’s was filed in Circuit Court in Snow Hill on July 29 on behalf of the Fountainhead Tower Condominium Association by attorneys Christopher Woodley and Matthew Cookson and Williams, Moore, Shockley & Harrison, an Ocean City law firm.


                                Newberry, who has worked at Fager’s Island for more than seven years and at BJ’s on the Water for more than 10 years, wanted to be an owner of a restaurant. Last November, the Board of License Commissioners in Snow Hill granted her request for a seven-day beer, wine and liquor license and to have up to four pieces of entertainment three days per week.


                                The restaurant, Newberry told the three-member board, would be open from 11:30 a.m. until 2 a.m. and would serve food until closing.

                                In December, Newberry and the association were in negotiations for the lease of the common element courtyard area next to unit 101, the restaurant, which is directly behind but unattached to the condominium building. In a Dec. 16 letter, Newberry was notified that unit 101 was part of a condominium regime and told that if she entered into a lease for the general common element courtyard area, she would not have the exclusive right to it and that any improvements made to it would have to be made in accordance with governmental regulations and with the association’s written consent.
                                In mid-May, Simon and Oliver’s installed a wood-fired grille in unit 101 and installed three chimneys in the common area adjacent to it for use with the grille, the lawsuit states. Simon and Oliver’s also installed a catwalk-like structure next to the smoke stacks and installed vinyl fencing around the exhaust equipment.

                                The catwalk-like structure, the smoke stacks and the fencing were installed without obtaining government approvals and in violation of the Maryland Condominium Act and the recorded documents for Fountainhead Tower Condominium, according to the lawsuit.

                                The restaurant opened May 27 and some diners posted glowing reviews on Facebook. Some condominium owners, however, reportedly complained of the smell of smoke wafting up to the condominiums from the smoke stacks.

                                In a May 31 letter, the association notified Simon and Oliver’s that the catwalk structure, the smoke stacks and the fencing were improperly installed and demanded their removal within 10 days. They were not removed, and they remain at the site today.

                                By June 10, a posted sign at the restaurant read, “CLOSED DUE TO HOMEOWNER COMPLAINTS.”


                                Newberry issued a prepared statement regarding the lawsuit Thursday morning:


                                “My attorney received the lawsuit minutes before this paper went to press. He felt that it would take some time to study and review before making any comments. We will comment at the appropriate time but feel it is premature to make any statements right now. However, I intend to dispute the allegations and feel that there is no risk to the health, safety and welfare of the Fountainhead Towers. It is very important to the town of Ocean City and its visitors to have great food establishments that help keep the resort running. I completely renovated a run-down building and brought it up to current fire and health code. The restaurant offered something unique and it’s very unfortunate that it remains closed.”

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