Starvin Marvin's injunction hearing nixed, reset for late April

David Yates Apr. 6, 2011, 9:31am

Music-loving patrons of Starvin Marvin's Bar and Grill hoping for an expedient outcome will have to hold their lighters in the air a little bit longer, now that an injunction hearing set for Thursday has been nixed and reset for late April.

As previously reported, Marvin Atwood, owner of the local nightspot, filed suit against the city of Beaumont on March 21 in Jefferson County District Court.

An injunction hearing to determine if the ordinance is lawful was originally slated for March 30, but then bumped up to April 7.

Once again, the hearing has been reset, this time for April 26 at 1:30 p.m., according to a court official.

Ultimately, Atwood is seeking a permanent injunction to block a noise ordinance, which would stop the bar from hosting live music on its patio.

Atwood alleges in his lawsuit that the city failed to hold a public hearing and comply with notification requirements in accordance with its own laws before passing the ordinance.

"No regulation, restriction or zoning district boundary shall be amended ... or revoked until after a public hearing is held and ... all citizens shall have an opportunity to be heard," the suit states.

Judge Donald Floyd, 172nd District Court, is presiding over the case.

Case No. E189-628

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