West Broadway gas station wins appeal to stay in business

LOUISVILLE, Ky. (WDRB) -- A controversial west Louisville gas station survived an order to shut down.

Last year, Metro Louisville's Department of Codes and Regulations issued an order to vacate. Dino's was deemed a public nuisance because of ongoing criminal activity on the property.

During the appeal hearing in August, MetroSafe said police had responded to Dino's approximately 500 times in the previous 12 months.

"From murder, to selling of spice, to selling of crack kits, to prostitution — you name it, it has happened on this parking lot," said Louisville Metro Council President David James, who spoke in favor of shutting the gas station down.

Dino's is also near the site of the fatal shooting of David McAtee by members of the Kentucky National Guard. McAtee, who owned Yaya's Barbecue across 26th Street from Dino's, was shot and killed when Guardsmen and Louisville Metro Police responded to a crowd gathered in the gas station/convenience store's parking lot just after midnight June 1.

In February, the order to vacate was upheld, but the owners appealed, claiming, "there was a denial of Due Process." And on Monday, a judge reversed the order.

After meeting with the business owner, Bishop Dennis Lyons became an outspoken supporter of Dino's, though he said that support comes with some mandates.

"We began to do radio broadcasts every day from that site," Lyon said. "(But we asked that they) continue to support our community, continue to hire our community, give support to community organizations and maintain a community relationship."

Attorney Nader Shunnarah, who represents Dino's, said the land and business are owned by different people.

"Louisville Metro knew they were two separate companies," Shunnarah said. "Giving notice to the landlord and then trying to shutdown Dino's — the business — doesn't work."

According to the order from a district court judge, Dino's is an "indispensable party" and "joinder is not appropriate." In legal terms, that means, "joining parties as plaintiffs or defendants."

"If someone wants to charge the cameraman with a crime, can they give you notice that he has committed a crime or violation of the code?" Shunnarah said. "No, you have to give him notice."

Denise Bentley, a legislative assistant for Metro Councilwoman Donna Purvis, said they met Monday with James and the county attorney's office about a possible plan B.

"I wasn't surprised as much as I was disappointed," Bentley said of the judge's decision. "I can tell from the sentiments of that meeting, Councilwoman Purvis and President James want to move forward. And if that means we have to tweak an ordinance or revisit this whole issue with the police department, that's what they're willing to do."

Shunnarah said the next stop is several miles east, where there's an order to vacate on appeal at the BP Gas Station at 601 East Broadway.