Court Clash For Morristown, Bar Owners Over Occupancy Limits

MORRISTOWN, NJ — Tashmoo Bar & Restaurant and Morristown officials are once again clashing. Bar ownership filed a lawsuit last week claiming the town set "unreasonable" occupancy limits for the business's expansion.

DeHart Associates, which owns the bar, expanded the business to the lot next door and says the new layout allows for up to 774 people. Town officials limited the occupancy to 351 people, according to the lawsuit filed in Morris County Superior Court.

The lawsuit claims the occupancy limits are "worse than unreasonable ... (and) downright ridiculous."

Morristown Mayor Tim Dougherty accused Tashmoo ownership of practicing "bait and switch" tactics and trying to turn the restaurant into a nightclub.

"My administration has a strong track record of working with developers who create good projects that benefit our community, and we will continue to do so," Dougherty said in a statement to Patch. "However, Morristown will not tolerate developers who promise one thing and then attempt to do another.

"In this case, the Tashmoo owners were approved for a restaurant. Now they are seeking to turn the restaurant into a night club, and chose to sue the Town rather than honor the commitments they made during their approval process. My administration will ensure that this facility will operate as approved. We will not tolerate 'bait and switch' developers."

The lawsuit also contends that Town Clerk Margot Kaye violated the Open Public Records Act by failing to honor requests for certificates of occupancy and other documentation.

DeHart Associates has owned and operated Tashmoo for the past 15 years at 8 Dehart (sic) St. The business began the process of expansion in 2016, adding the Homestead bar to the lot next door.

The town issued Tashmoo a temporary certificate for occupancy of 459 in June 2019, according to the lawsuit. The certificate expired the following February. Last December, the planning board's construction official calculated that the facility's maximum occupancy should reduce to 351.

The suit contends that officials wrongly and intentionally derived limits for standing room customers from restrictions for entertainment floor space.

Bar ownership offered the town a "compromise" Jan. 25, offering to limit capacity to 720, instead of 774. Town officials declined.

DeHart Associates' attorneys emailed an Open Public Records Act request Feb. 22 to the town clerk, asking for 66 documents. The company's counsel claims the number "only appears large because the requests are so specific" and that the first 11 — requests for different certificates of occupancy — could fit on one page.

In other cases, the clerk can respond that no such requested documents exist, the lawsuit says. Town officials haven't provided the requested documents, according to the lawsuit.

DeHart Associates seek damages and a ruling in favor of a 774 occupancy.

This is only the most recent clash between the town and Tashmoo ownership. Morristown gave Tashmoo a special permit for outdoor dining and drinking last June. But less than a week later, town officials revoked the special license, alleging violations of the state's coronavirus executive orders.

A photo on social media showed crowding in the outdoor space. The situation prompted Tashmoo to adopt tighter regulations to prevent the situation from repeating itself. Read more: Morristown Bar Shut Down After Violating Executive Order

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