Newsfeed
Printer-Friendly ModeKochville sues Yianni's for noncompliance
Restaurant owner contends personal bias from Township Supervisor
February 6, 2006 —
The melee in Kochville Township is spilling over into the kitchen - literally.
Yianni's Diner, 5208 Bay Road, has recently served as the fulcrum between Kochville Township Supervisor Kenneth P. Bayne and recall forces against him.
Bayne has contended that Yianni's lacks the proper business license and permits to operate in the Township; Yianni's owner, John Bakos, contends that he has followed all of the proper protocol, and Bayne is simply out to attack him for not choosing his company, Four Seasons Landscaping, to provide the landscaping work.
"I procured all the permits, all the approvals, and all the licences the state of Michigan requires to open up a restaurant," Bakos says.
However, Bayne says that Bakos has not conformed to the Cardinal Square requirements enacted by the Township along Bay Road, has never turned in a site plan, and is operating illegally within the Township. A case is currently pending in Saginaw Circuit Court brought forward by the Township against Bakos, asking the court to force the restaurant to comply with regulations or close the restaurant.
"We're not attempting to close Yianni's down - we only want them to comply with Township regulations," Bayne says.
Bakos claims that Bayne visited him on more than one occasion, and told him he needed to achieve approval for the remodeling. Bayne suggested a firm to draw up the site plan, but Bakos decided to go with another firm, Austin and Associates, because it was less than half the cost compared to the company Bayne selected. It was at this time, Bakos claims, that Bayne became irritated with the imbroglio.
"When (Bayne) found out I didn't go to the architectural firm he suggested, he got upset," Bakos says.
However, Bayne claims that before this, Bakos informed him that he had no interest in complying with the Township regulations. Bayne also alleges that Bakos said he would see to it that Bayne was recalled if he was pressed on proper regulations.
Both men agree that the final, approved site plan has not been received by the Township. Bakos claims that Bayne kept adding on additions to the submitted site plan, which kept driving up his costs.
"One of the additions he sent me broke the camel's back," Bakos said.
Bayne says that Bakos has a record of noncompliance, stemming from conflict with his landlord over nonpayment of rent.
"We believe he didn't want to fulfill his obligations," Bayne said.
The litigation continues to drag on in the courts. Bakos, his wife, and Yianni's Diner are all listed in the suit for operating an illegal business without proper legal permits and a site plan. Bakos contends he is fighting an uphill battle against the Township.
"Fighting three lawsuits in court is not easy when (Bayne) has the money of the Township to defend himself," Bakos says, adding that once the current lawsuits are resolved, he will sue both Kochville Township for damages and Bayne for libel regarding statements that recently appeared in The Saginaw News.
Bayne hopes the Yianni's controversy will not turn businesses away from Kochville Township.
"We want our businesses to do well in Kochville Township," Bayne says. "But our businesses are expected to comply with our regulations."