Stingray owner can relate to Dogfish Head fight

If anyone can relate to Dogfish Head Brewing & Eats' battle with Rehoboth Beach's Board of Adjustment for permission to change its Rehoboth Avenue restaurant, it's Darius Mansoory.

Mansoory, the owner of Rehoboth's nearby Stingray Sushi Bar + Asian Latino Grill restaurant, spent three years in court fighting for the right to build a 720-square-foot patio after the board denied his request for a variance.

The state Supreme Court eventually ruled in Mansoory's favor in December 2013, but the legal dispute was costly, he said.

Mansoory said he spent "six digits plus, and then some" in legal fees for the right to build a 28-seat patio. It is not known how much Rehoboth officials spent in legal fees.

"The whole case was unnecessary," said the restaurant owner who has owned the Latin-Asian fusion restaurant on Lake Avenue since 2008. "It was such a waste of time and effort."

On Monday night, Dogfish Head goes back before the Board of Adjustment to ask that it reconsider its rejection to allow the brewpub to expand by about 1,500 feet and replace its aging building. Board members voted 3-1 against the plan, saying that the project was too big for the site.

The board has caused a fury among local business owners and Dogfish fans when one member suggested that Dogfish Head move "out of town." Owners Sam and Mariah Calagione opened the flagship Dogfish Head restaurant in 1995.

A rehearing could be take place in June. But Dogfish Head has said it would take the case to Supreme Court if it is denied a variance.

Mansoory, who also owns Wilmington's Mikimotos restaurant and the Washington Street Ale House, said his own legal battle with Rehoboth officials began in 2010 after Stingray Rock LLC sought approval for its planned patio at its Lake Avenue property.

Rehoboth Beach officials said Mansoory needed a certificate of compliance or a variance from the Board of Adjustment. By having a liquor license in 1991, Stingray was able to stay in operation as a 6,330-square-foot restaurant, while new Rehoboth Beach eateries are limited to 5,000 square feet.

But the city took the position that Stingray couldn't add the patio without losing its grandfathered status, and the Board denied Stingray's request for a variance from that code requirement.

Mansoory fought the denial and came out victorious three years later, but he said he didn't really win anything.

"I just got to continue on with the right I had all along. I literally won nothing."

Still, Mansoory said he holds no ill will against the city, just the opposite. "I love our business and I love the community. I'm happy and proud to be part of the restaurant industry in Rehoboth."

He said that he hopes Dogfish prevails.

"Sam has been nothing but great," said Mansoory, who said he might attend the Monday night Board of Adjustment hearing. " I travel a lot and I see Dogfish all over the West Coast. This guy has a great reputation. Whatever he is going to do there is going to be good."

Contact Patricia Talorico at (302) 324-2861 or ptalorico@delawareonline.com . Read her culinary blog Second Helpings at www.delawareonline.com/blog/secondhelpings and follow her on Twitter @pattytalorico .