Restaurant Owner Sues City, Police

The owner of Mazzotti’s Italian restaurant, which closed in October, has filed a lawsuit against Huntington Beach alleging that a conspiracy by the city and Police Department drove the eatery out of business.

Filed in Orange County Superior Court late Thursday by Susie Newman, a former city planning commissioner and City Council candidate, the 47-page complaint seeks $12 million in damages.

Allegations include violations of due process, intentional and negligent infliction of emotional distress, slander and libel. The lawsuit also alleges that the city failed to supervise its police officers properly.

The complaint also names Police Chief Ronald E. Lowenberg and police detective Irwin Feuerstein as defendants.

Newman, on the advice of her San Francisco attorney, Joe DiPaola, would not comment Friday on the lawsuit. City officials also declined to comment.

Newman bought the downtown restaurant at 412 Walnut Ave. in August 1994 and applied to the state for a license to sell liquor. A temporary permit was issued pending the investigation required to grant a permanent license.

During the next 10 months, the lawsuit alleges, police orchestrated a campaign to shut down the business by exaggerating a series of incidents at Mazzotti’s to persuade the state Alcoholic Beverage Control board to revoke the liquor license.

Mazzotti’s closed last year after losing its temporary liquor license. At the time, officials cited complaints about noise and code violations as reasons to withdraw the license.

Newman and her former partner, Lenny Mazzotti, who founded the business 20 years ago, had tried to continue operating while serving only nonalcoholic beverages, Newman said, but could no longer make a profit.

Because Newman’s son, Adam Newman, is a deputy city attorney, an outside firm is likely to be hired to represent Huntington Beach in the case, City Administrator Michael T. Uberuaga said.