King Plans Counter Suit Against Sound Avenue Neighbor

Only days after a ribbon cutting for a new agri-park in Calverton, John King, owner J. Kings Food Service Professionals, Inc., a food service company, says he plans to fight back in court after being hit with another lawsuit by an opponent of the project.

"I'm going to sue to get my legal fees back," King said on Friday, adding that he has spent over $57,000 in fees so far due to litigation commenced by Austin Warner, Jr.

For months, Warner has opposed King's proposed agricultural processing facility, to be located at 2711 Sound Avenue, the 108,000 square foot site of the former Blackman Plumbing Supply business.

On July 20, Warner filed an Article 78, or a request for judicial intervention in the Suffolk County Supreme Court with Judge Jeffrey Spinner, against King and the Riverhead Town Zoning Board of Appeals to reverse and vacate a June 14 determination that gave the green light to the new ag-park facility, which was at a ribbon-cutting last week.

Warner's suit seeks an injunction of the use permit granted by the building permits coordinator on May 15; he is represented by Riverhead-based attorney Stephen angel of Esseks, Hefter & Angel, LLP.

"What the ZBA and the town did was wrong -- legally incorrect," Angel said on Friday. The Article 78 enumerates a list of alleged reasons, including false information regarding ownership of the property, failure to acquire Health Department approval, and a violation of the open meetings law, that gives them "good grounds," for proceeding, Angel said.

King, on Friday, said despite the Article 78, "We're moving full speed ahead with the project."

Of the litigation, he said, "Anybody can say anything they want." He added that so far, he has "won" every challenge "unanimously."

King charges Warner of "false lies," regarding the ascertation that he planned to have a bakery on-site, something King says is untrue. "His claim is that we're going to start doing manufacturing. You can't manufacture lettuce."

At a recent press event, King , including agricultural processing and chopping, and cooling units that will enable local farmers to distribute their goods to a wider range of buyers. The Long Island Farm Bureau and the Long Island will also rent space at the site; King plans to allow Island Harvest to cool produce at the facility for free, as well.

In addition, King said he just hired a local roofer and plans to bolster the local economy with new jobs. Conference rooms might be site up for meetings among organizations such as the LIFB and the Wine Council.

Of Warner's suit, King said, "We can't let one person ruin it for everybody."

King adds that the building is now his, and registered in his name. 

Riverhead Town Attorney Bob Kozakiewicz believes the ZBA's determination will stand. "I'm confident that on review, the town and the ZPA's decision will be upheld. There have been previous approvals for warehousing at the site and I don't see that much a distinction between plumbing and agriculture."