by peter e. bortner
POTTSVILLE - A county judge will decide whether to allow an adult entertainment business to continue to operate in Washington Township, Schuylkill County.
In an 11-page opinion and order filed Thursday, Judge John E. Domalakes wrote that Dutchmen MX Park LLC, Pine Grove, the owner of the Strip Mine Cabaret, provided no reason why he should not hear the county's lawsuit asking that it be shut down as a violation of its zoning ordinance.
"The record does not support Dutchmen's contention that the county's complaint must be dismissed," Domalakes wrote.
As a result, Domalakes will hold a hearing at 9:30 a.m. Wednesday to determine whether to enjoin the operation of the cabaret at 670 Rock Road, Route 895.
County officials filed the lawsuit July 5, alleging the cabaret is located in an area zoned agricultural, where an adult entertainment business is not permitted without a variance.
Domalakes already has held a hearing Aug. 30 on whether to grant the injunction; Wednesday's scheduled hearing actually is a continuation of that one.
Dutchmen had asked Domalakes to dismiss the lawsuit. It alleged that the county should have filed an enforcement notice that would be handled by the county Zoning Hearing Board, and that Domalakes should allow the matter to be decided by a federal court.