COSTA MESA : Court Refuses to Review Tavern Case

The California Supreme Court has denied the city’s plea to overturn a lower court decision granting Henry N’ Harry’s Goat Hill Tavern the right to do business in Costa Mesa.

The Supreme Court’s decision could lay to rest the tumultuous and lengthy fight between city officials and the popular drinking establishment.

In a 5 to 2 decision, the court denied last week the city’s request to review an earlier case granting the tavern the ability to operate.

“It is a victory for all small businesses that they can run their business without having to look over their shoulders,” tavern manager Gary Monahan said Monday.

City Attorney Thomas Kathe said he was surprised by the ruling, considering that Costa Mesa had the backing of several cities asking the court to take up the matter.

“From the discussions I had with all other city attorneys, it sounded like we had a decent case,” Kathe said. “That is how it goes.”

The problems first started when residents in nearby apartments complained that patrons of the bar on Newport Boulevard were noisy, littered the area with beer bottles and urinated at neighboring businesses.

Acting on the complaints, the City Council refused to renew the tavern’s permit in July, 1990. The case ended up in court, and each time the city came up on the losing end, causing some critics to lash out at the expense of fighting what they felt was a losing battle.

The Supreme Court’s decision not to hear the case forces the city to grant the tavern a permit to operate, something officials have tried to deny for more than two years.

Kathe said city officials will review the lower court’s decision and set up a hearing before the City Council to give the tavern its conditional use permit.