JUDGE LIFTS INJUNCTION AGAINST 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.