WEST CHESTER, OH (FOX19) - The 'swingers club' that was put on hold late last year in West Chester Township maybe swinging again.
Judge Craig Hedric ruled Tuesday that it was improper to rescind the license of the Indiana couple who wants to open the "Champagne Club."
FOX19 NOW attempted to speak with the owners, but they referred us to their attorney, Tim Burke of Cincinnati.
One of the owners did say she "has a bottle of champagne waiting for her at home."
Burke said the judge's decision is a step in the right direction, but it is still a long battle.
On Friday, he filed an appeal to try and reverse the decision made by Zoning Board of Appeals, which sided with the township and continued to block the club's zoning certificate.
One of the reasons cited in stripping away the license was a trespassing charge one of the owners received about 20 years ago.
Burke said the township brought up an FBI report which stated that one of the owners may not be eligible.
He claims they used that letter as justification in taking away both the license and certificate, an argument he won in court.
"He brought them the FBI report, which makes it very clear there is no disqualifying problem in his background," Burke said.
A business owner in the area, who asked us not to use his name, said he personally doesn't have a problem with the club near his business. He explained to me that the feeling is mixed with some of the other owners.
He also wondered if the township had a sub plot.
"They are paying $4,000 dollars a month for a place they can't use. Makes you wonder if the town is trying to bleed them dry so they just give up," he said.
Burke said the owners have a five year lease on the property.
A business owner said that the Columbus-based owners are trying to sell the property.
He said they approached him as a potential buyer. " I was told if they club owners can get someone to sub-lease or the building is sold they can get out of their lease."
West Chester Township officials released a statement:
"In all things. West Chester endeavors to execute in good faith, in compliance with all laws and rules; and with the best interests of the community in mind," it reads. "
West Chester respects the judicial appeals process and today's ruling by the judge will be taken into account moving forward. With regard to the specific details of this case, West Chester does not comment on litigation."
Back in November, trustees officially passed a moratorium on sexual encounter establishments.
West Chester leaders had revoked a business permit for the 'swingers club' that was previously approved and was set to open in December.
Officials cited a dated trespassing charge against the owners when rescinding the permit, owners of the "Champagne Club" told FOX19 NOW.
The club, located on Harwood Court, aligned with West Chester's "sexually oriented business" licensing resolution.
It was set to open in an industrial area permitted under the "sexually oriented business" zoning rules.