DELAVAN PIZZA RESTAURANT CLOSED AGAIN

Elkhorn - A Delavan pizza restaurant that authorities have said in court is
suspected of being the site of marijuana sales remained closed Thursday, as
the result of a judge's decision.

Over the objections of the restaurant owner's attorney, Walworth County
Circuit Judge Robert Kennedy continued a temporary injunction that has
shuttered Rosa's Restaurant for more than a week.

The decision came after Steven Wassel, an attorney for the City of Delavan,
submitted to Kennedy a series of affidavits by police alleging that they had
confiscated marijuana from the restaurant.

The city pointed out that Rosa's is near an elementary school and argued
that the restaurant is a "public nuisance" that should be closed.

Dan Draper, representing restaurant owner Ronald A. Falzone, said the city
was acting improperly under state civil statutes that give cities authority
to shut "run-down houses in slum areas," after first notifying the property
owners so they can respond.

Draper said the Common Council would have to authorize such an action. He
noted that no criminal charges have been issued in the case.

Responding to a civil complaint that the city filed against Rosa's, Kennedy
issued a temporary injunction on Jan. 29 to close the restaurant. He
dissolved the injunction at a hearing last Friday, agreeing with Draper that
the affidavits accompanying the complaint contained "hearsay and innuendo."

Kennedy reinstated the injunction Monday, after the city filed new
affidavits by police. He said after the ruling Thursday that he would take
testimony from witnesses at a future hearing and consider legal briefs by
both sides before issuing further rulings in the case.