Protecting a Business from Competitors

Posted in on March 13, 2014

There is nothing wrong with competition. However, when an owner of a convenience store realized that an adjacent gas station planned to increase its footprint and include a full service convenience market he became concerned that the ensuing traffic and safety problems would cause havoc in the area and affect his business.

The convenience store owner asked Baker, Braverman & Barbadoro, P.C. to help protect his interest. Attorneys Paul N. Barbadoro and Susan M. Molinari immediately reviewed the permit issued by the local authority allowing the expansion of the gas station. The permit that was issued included language that restricted the selling area to the same size as had already existed in the gas station, however other language in the permit appeared to allow a larger facility on a new footprint. After negotiations with the gas station owner failed, Attorney Barbadoro and Attorney Molinari appealed the permit to the Land Court and a trial was held testing the permits applicability. Attorneys Barbadoro and Molinari produced expert testimony regarding the size of the facility as it existed and elicited testimony regarding the safety, traffic and parking areas that would be affected. After trial, the Land Court Judge found in favor of the convenience store owner on the issues presented by Attorneys Barbadoro and Molinari.

The Court’s ruling limited the new facility to it’s present size and protected Baker, Braverman & Barbadoro’s client from a situation that would have adversely impacted his business.

At Baker, Braverman & Barbadoro our attorneys are skilled in all areas of business, zoning and real property law and enforce the interests of our business and individual clients in all courts.