DeSimone Suzuki has taken its battle against the city and Councilman Brian O'Neill to another level. 

An injunction field by Sprague and Sprague on behalf of DeSimone, Inc., and Lone Star Steak House and Saloon, against the City, The Philadelphia Authority for Industrial Development and Brian J. O'Neill to show cause why a preliminary relief sought by the petitioners should not be entered. 

It also seeks compensatory and punitive damages as a result of the improper actions of defendants City of Philadelphia and the Philadelphia Authority for Industrial Development. They charge both will unreasonably failing and refusing to approve the requested assignment of the sublease from plaintiff Lone Star to Plaintiff DeSimone so he could convert the property at 11295 Roosevelt Blvd from a defunct restaurant into an auto agency employing close to 100 and generating at least a million dollars a year in taxes.

The injunction also charges Council Brian J. O'Neill with "wrongful actions in tortuously interfering with the sublease and the plaintiffs contractual relationship to which he is not a party, by improperly involving himself in and obstructing the assignment approval process, with the acquiescence of the defendants City and PAID."

In essence, according to Richard Sprague, Jr., who filed on behalf of the plaintiffs, 

"This action says to the city of Philadelphia, give us the assignment to this list. "There is no reason. No legal prohibition to with holding permits that had been granted.".

Bringing O'Neill into the injunction, said Sprague, was necessary. "This is beyond his privilege as a councilman. He is interfering in the business between Lone Star and Desimone."

Sprague, who expects to get a hearing on the injunction within the next three weeks, said O'Neill is "hiding behind councilmanic privilege. He introduced legislation in City Council that changed the city zoning codes affecting every district and that went against the recommendation of the City Planning Commission". 

DeSimone doesn't understand the city's turnabout for any solid reason. "There is a closed restaurant on the site. No income being generated. I can generate jobs and taxes. What is being done to us is not right."

In the interim, the Normandy Civic Association has requested both DeSimone and Councilman O'Neill to attend a meeting scheduled for March 14th to present their respective arguments. The meeting will be held at 7 p.m. at the Norcom Community Center on Nocom Road, just south of Comley road. 

The DeSimone injunction says the City and PAID withdraw their approvals after O'Neill intervened on behalf of a Federal Credit Union. The City informed Lone Star, lessees of the property, that the DeSimone deal , involving 3.5 acres of land, " 'was dead', because, inter alia, 'people are against it' and to 'get the deal moving' the parties would have to speak wth defendant O'Neill to seek his approval. "

The injunction continues "Upon information and belief, the "people" against the DeSimone, Inc., 'deal' were defendant O'Neill, American Heritage Federal credit union, a client of the law firm which employs O'Neill as a lawyer, and American Heritage's President and CEO Bruce Foulke, a friend and major election campaign contributor to defendant O'Neil. American Heritage was itself interested in developing the premises for its own operations, and , at all times material hereto, defendants City and PAID were aware that American Heritage was so interested in obtaining the premises."

The injunction adds DeSimone, Inc. took steps to obtain appropriate building and other permits to improve the premise for its use as an automobile sales, leasing and service agency. "Appropriate`` permits were initially issued by defendant city, but were subsequently revoked. On April 30, 2001 defendant city issued a cease operations order which prevents plaintiff DeSimone, Inc. from engaging in any activity on the premises."

Subsequent efforts by DeSimone to get consent to the requested assignment were unsuccessful and Lone Star, told by the city that it was the sublessor. Plaintiff Lone Star "requested that defendant city consent to the assignment of the sublease to plaintiff DeSimone, inc. Defendant City has never responded to plaintiff Lone Star's request for consent to the assignment. 

Sprague's injunction ends with the statement to the judge "Ordering a preliminary injunction is in the public interest in that plaintiff DeSimone, Inc. will be able to go forward with its business venture on the premises, creating jobs and paying taxes into the local, state, and federal treasuries. "