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| Palladino's center, Uglum residence to the left |
Familiar name at the center of new legal matter.
Dino McDowell, along with his wife Lori and family members Dennis H. McDowell and Jackie McDowell, opened Fuoco di Napoli on Pharr Road in Buckhead in late 2011. In April of 2012, Antico Pizza Napoletana, the popular pizzeria with which the McDowell family had previously partnered, sued them. Public details of the federal "intellectual property - trademark" lawsuit are scarce, but a short time later, Fuoco di Napoli abruptly closed.
Dino McDowell, along with his wife Lori and family members Dennis H. McDowell and Jackie McDowell, opened Fuoco di Napoli on Pharr Road in Buckhead in late 2011. In April of 2012, Antico Pizza Napoletana, the popular pizzeria with which the McDowell family had previously partnered, sued them. Public details of the federal "intellectual property - trademark" lawsuit are scarce, but a short time later, Fuoco di Napoli abruptly closed.
Fast forward to earlier this year, back home in Carrollton, Dino decides it's time to try his luck at pizza again. Far from the stiff competition and high priced real estate of metro Atlanta, McDowell partners with fellow Carrollton resident Joe Palladino to open Palladino's Wood Fired Artisan Pizza.
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Vacant property at 342 Maple Street near its intersection with South Aycock Street was purchased with the intent to build a new restaurant on the land. To the left of the would-be restaurant, at 338 Maple Street, live James and Marlene Uglum. Across the street from 242 Maple is the Maple Street Mansion, an historic structure previously home to a local restaurant, and recently saved from demolition.
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| Photo from the Palladino's Facebook page showing the foundation being poured on June 18th. |
The foundation for Palladino's was poured in mid June with construction continuing through this week. As you can see in the first photo from last week, the building is nearly complete. Apparently, the Uglums were never pleased with the project but just started the legal process in June. It's not exactly clear why they waited so long to officially lodge their complaint with proper authorities.
The Uglums allege that the property in question, formerly home to a residence which was then converted to a frat house, has a covenant dating back to 1996, that imposes certain setback requirements for buildings on the site. The Uglums' attorney argued that the City of Carrollton was should never have issued the initial building permit, as the existing covenants should have precluded the redevelopment.
Attorney Tom Parmer, representing Palladino's, said his client purchased the property in 2013 and no covenants appeared anywhere in the chain of titles.
Superior Court Judge John Simpson issued a ruling Friday denying the Uglums' motion for injunctive relief. The Uglums have reportedly turned their attention toward a lawsuit against the city of Carrollton. “We plan to sue the city for its incompetence in issuing the building permit,” said Uglum after the ruling.
More on this story can be found on Times-Georgian website (behind a paywall)
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| This picture (from Palladino's facebook page) shows just how close the restaurant is to the Uglum's home. |