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  Home arrow News arrow Clam Hut supporters picket in Kittery

 
Clam Hut supporters picket in Kittery | Print |  E-mail
Written by Larry Clow   
Tuesday, 21 June 2005

A crowd of about 20 people lined the sidewalk outside Weathervane Seafoods in Kittery on Saturday, protesting the restaurant's tangled role in a lawsuit against Michael Landgarten, owner of Bob's Clam Hut, situated just across Route 1.

"This is a close-knit community, and this is not the way we treat neighbors," said Denise Wheeler, one of the organizers of the protest.

Wheeler and other supporters of Landgarten held signs that said "Play Nice" and wore red "Save Bob's" T-shirts. Terry Gagner, owner of the Weathervane, stood outside and looked on during the demonstration.

"I guess I'd ask, Is that neighborly?" he said, pointing to the protestors.

The feud began in 2004 when Landgarten purchased the Quarterdeck Restaurant, located adjacent to the Weathervane. The building was torn down, and Landgarten planned to open Robert's Maine Grill and Market; however, Ray Gagner Sr., founder of Weathervane Seafoods, sued the town of Kittery and Landgarten, claiming the zoning board illegally gave Landgarten permission to go through with his project. Since then, construction on the property has been halted.

Both Terry and Ray Gagner Sr. live on residential property behind their restaurant and are abutters to the proposed restaurant. Gagner said his father is concerned about lighting and parking at Robert's Maine Grill, as well as potential damage to nearby Spruce Creek. While Landgarten's supporters have characterized the fight as a battle between a small business and a large chain, Terry Gagner stressed that the lawsuit was because of the town's disregard for his father's property rights and has nothing to do with the Weathervane restaurant.

"I think (the protestors) are marketing savvy enough to bring the Weathervane into this," he said, adding that the lawsuit and the protest were having a "devastating" effect on his business. The Weathervane in Kittery was the first of the restaurant's 16 locations throughout New England.

Ray Gagner Sr. filed an appeal with Maine Supreme Court on June 10. Previous appeals of the town's decision were filed with the Kittery Zoning Board and the Maine Superior Court but were dismissed.

"Public opinion is against Weathervane, legal opinion is against Weathervane," Wheeler said. "It's time to stop and be a good neighbor."

During the protest on Saturday, cars honked their horns and shoppers from the nearby outlet malls stopped to see what was going on. Wheeler, a member of Share Our Strength, an anti-hunger organization founded by Landgarten, said there's wide support among area businesses for Landgarten.

Landgarten did not officially support the protest and said he previously asked the group not to picket the Weathervane. However, he said the support "feels amazing. It feels great.

"I think it's more than supporting me," he said. "They're commenting about the community they have, the behavior they value, what they think is appropriate."

Because of the lawsuit, Landgarten hasn't been able to start construction. He said he's "at the point of no return" and believes he'll lose the property because of mounting legal costs. He said it's as though he's been caught in a grudge between Ray Gagner Sr. and the town.

Though he'd like to see some kind of compromise reached, Landgarten said at this point, he doesn't have much to offer.

"It's not up to me, it's up to the town. I just do what they tell me," he said.

Though he wouldn't speculate on the reasons behind the lawsuit, Landgarten said, "If it really wasn't about competition, Weathervane would drop the lawsuit and find a different way to do this."

Another protest is planned for Saturday, June 25 from 11 a.m. to 6 p.m. Jerry Greenfield, of Ben and Jerry's ice cream and a supporter of Landgarten, is scheduled to be at the protest.

 
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