Castro Valley

Castro Valley pizzeria embroiled in legal battle over outdoor dining

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Slice House by Tony Gemignani, a pizza franchise from the 13-time World Pizza Cup Champion and San Francisco chef of the same name, is currently involved in a contentious lawsuit and protest over the rights to use an East Bay food hall's outdoor patio. In the midst of all this, it opened its latest location on Saturday.

The al fresco passage in question was once filled with picnic tables and dinner and adorned with string lights until May. At that time, the Castro Valley Investment Group filed a lawsuit against the Castro Valley Marketplace and the County of Alameda, alleging the market had "unauthorized and excessive uses" of the shared outdoor paseo.

The Castro Valley Investment Group then learned that Slice House would join the food hall and planned to use the walkway's outdoor dining setup. The group, owned by Robert Chau and with an adjacent property, alleges that Slice House's arrival would cause "irreparable injury and substantial harm if Marketplace is allowed to proceed with this business venture without CVIG's knowledge and consent."

"All of a sudden, four weeks before we're gonna open, they say, 'Oh, you can't have your outsides eating.' [Like that] 50% of outdoor seating is gone," Gemignani said on opening day.

It wasn't till last month that the lawsuit was amended and named Slice House.

"There's little obstacles that you hit as an independent operator, this is one of them right here," Gemignani said.

The Castro Valley Marketplace has since launched a public campaign and protested the lawsuit.

An online petition asking to "save the paseo" has garnered over 3,300 signatures.

Additionally, Donna Layburn, president of East Bay Natural Grocers at the Castro Valley Marketplace, said she plans to fight back in court.

"I have at least three big legal documents that say we have to use outdoor dining, we are allowed to do it, so it feels like our rights are being taken away," Layburn said.

Since the suit was filed, a judge has ordered the Marketplace to remove all tables and chairs from the paseo, according to the San Francisco Chronicle, which cited legal documents.

For now, Slice House and other Castro Valley Marketplace restaurants offer seating indoors and along Castro Valley Boulevard.

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