RICHMOND, Wyoming – A company looking to open a “rumored” adult video store in Wyoming is taking the Town of Richmond to court for passing its Adult Entertainment Business ordinance in January.

Martel Investment Group, LLC of Cranston, filed a complaint in Superior Court against the town council, planning board, planning department, town solicitor and town building official alleging that the defendants passed the ordinance on Jan. 3 in order to block Martel from opening a retail store on Main Street at the location of the former Bickford’s Restaurant after the company was granted building permits.

In a letter written by attorney Elizabeth McDonough Noonan of Adler, Pollack and Sheehan of Providence on May 3, Martel claims that the Adult Entertainment Business ordinance amendment does not “conform to the Comprehensive Community Plan.”

It also says the town council “decided to frustrate and prevent Martel’s Intended Use by amending the zoning laws and retroactively depriving Martel the right to use the property to operate an adult-oriented retail business.”

The company is requesting that the town of Richmond be prevented from enforcing the new amendment against Martel in regards to the plan, costs of damages, expenses and attorneys’ fees and other rewards the court might deem proper.

“I think the town has a strong case,” said town solicitor Michael Cozzolino, who said that there is no court date scheduled yet. “The town has followed every procedure. It’s not targeting Martel, but that specific use for adult entertainment, which is completely within the town’s right to do. It’s not an ordinance against a particular company.”

Cozzolino said that Martel is apparently trying to use the property for an adult video store. According to Karen Ellsworth, the town’s co-solicitor, said Friday that she believes Martel was aware the town was looking to adopt an amendment as it submitted plans and applied for permits.

Site plans submitted to the town in November by Martel show the firm plans to include 15 pay-per-view adult video booths. According to Noonan’s letter, “Martel intends to establish a retail use offering for sale and/or rental videotapes, digital video discs, magazines, books and novelties that are not an obscene nature but are intended for adult viewing and use.”

Martel, which opened an Amazing Express video store in North Stonington in 2001, received permits for building, mechanical and electrical work and plumbing and was told by the Hope Valley Fire District that the building met safety codes. According to Noonan, the fire marshal noted plans for “viewing booths” in a report.

An amendment to the district’s zoning was proposed by the council on Nov. 17, 2005 that would allow adult entertainment in zones designated for industrial use and not within 500 feet (later amended further to 1,500 feet) of a residence, religious gathering place, school, daycare, public recreation facility or indoor commercial amusement center. The amendment was approved by the planning board and the council.

Martel requested a usage change for the property from a restaurant to retail, and building official Gary Tedeschi requested a Development Plan Review on Dec. 12, from the company. That review application was returned to the company in February of this year because the intended use of the company was regulated by the new ordinance.

The firm is contending that the town has to look over the Development Plan Review application because it is a “duty to perform without discretion to refuse,” the town was “aware of Martel’s business relationship” and “intentionally acted to interfere” with their plans, that zoning permitted the use when permits were originally granted. The firm also said the town “accepted application fees and issued relevant permits, each of which constituted an affirmative representation or equivalent conduct,” by Richmond for the purpose of inducing Martel to develop the property. Martel has a “constitutionally protected property right to develop” and that Martel did not receive “due process of law.”

Noonan states that Martel has owned the property since Sept. 15.

Numerous residents voiced concerns over a potential adult video store coming to Wyoming. Representatives from the Arcadia YMCA, schools and daycare center and church groups stated it would be too close to their locations and businesses and is not what would be good for the town.