The owner of Black Rock Brewing Co. in Pottsville was denied a chance to supplement the record of a hearing before the city’s Uniform Construction Code Appeals Board held earlier this year.
Bobby Weaver Jr., the owner of Black Rock Brewing Co., was granted a de novo hearing before Schuylkill County Court of Common Pleas Judge Christina Hale on July 19.
In that hearing, Weaver and his attorney, Steven Carpenito, argued they were not fairly offered a chance to offer evidence during a hearing before Pottsville’s UCC Board of Appeals, at which the business supplied building plans for it to reopen following a May 2023 kitchen fire.
Black Rock Brewing Co. has been closed since that fire and there’s been a very public war of words between Weaver and several City officials that’s played out in the last 15 months.
During the de novo hearing back in July, Weaver’s side argued that the UCC Board of Appeals considered evidence that wasn’t presented at that time. They say they should be able to introduce evidence based on what the board considered before denying their appeal.
In her opinion, Hale disagreed and said that Weaver had ample opportunities during that hearing to offer the evidence they say they couldn’t.
Hale writes: “There is no showing that the record is incomplete. Although Appellant argues Appellee constructed facts, no part of the record thus necessitating a record supplementation, nothing presented by Appellant permits this Court to do that or essentially conduct a brand-new hearing to give Appellant ‘another bite at the apple’.”
She adds in her opinion: “Appellant’s contentions are not grounds to supplement the record and would only serve as a way for the Appellant to introduce evidence it should have introduced in the first place.”
Two of Three Citations Dismissed
Hale’s decision came soon after Weaver actually got some relatively good news in court.
On Aug. 14, District Magistrate James Reiley dismissed two of three citations against Weaver for hosting events at the grounds surrounding his condemned building on S. Centre St. in Pottsville.
He was facing three summary citations for prohibited occupancy of unsafe structures and equipment. Weaver was found guilty on one of the three citations, specifically for the event that was aimed at helping stray cats following Pottsville’s controversial passing of an ordinance that imposes fines for feeding or interacting with those animals.
Back in late-June, Weaver was found not guilty on two of three similar citations for other “Free Beer” events held at the Black Rock site downtown.
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