JUDGE LIFTS INJUNCTION AGAINS PIZZA RESTAURANT IN DRUG CASE

Elkhorn - A judge on Friday lifted a temporary injunction that had closed a
Delavan pizza restaurant where authorities alleged that marijuana was being
sold.

Walworth County Circuit Judge Robert Kennedy said he had made a mistake in
issuing the injunction Monday against Rosas Restaurant.

Kennedy had acted on affidavits filed by Delavan police, who alleged in the
documents that an individual connected to the restaurant had sold marijuana
there several times last year and that marijuana was found in the restaurant.

But Dan Draper, an attorney representing the restaurant's owner, Ronald A.
Falzone, argued in court Friday that the affidavits were based on hearsay
and not personal knowledge of the officers.

"If a man's business can be closed down based on unverified information,
it's a sad day in America," Draper said.

Kennedy agreed, saying he couldn't act on "hearsay and innuendo, and that's
basically what I have here."

He invited Delavan city officials to seek another hearing asking for a new
temporary injunction against the restaurant.

Steven Wassel, the attorney representing the City of Delavan, said after
the hearing that he would move quickly to ask for another injunction. He
called Rosas a "public nuisance" in the city.

Draper said he didn't know whether his client would reopen the restaurant.