Circus Liquors Says It's Moving, Middletown Says No CO Has Been Filed
MIDDLETOWN, NJ — Circus Wines, Beer & Spirits plans to relocate to Middletown Plaza, to a new home two doors down from the new Middletown Trader Joe’s.
This was reported this week by the Asbury Park Press. Circus Liquors president Lou Scaduto Jr., told the newspaper he plans to be in the new location by Nov. 1.
However, Circus Liquors has not yet applied for a certificate of occupancy to relocate, said the Township Thursday.
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“We did have our code enforcement person remind Brixmor (Middletown Plaza is owned by Brixmor) that Circus would need to apply for a business certificate of occupancy,” said Middletown Twp. administrator Tony Mercantante this week. “The party store has applied for a business certificate of occupancy for their new location.”
He’s referring to Party Fair, which is moving out of Middletown Plaza into the former Bottle King location on Rt. 35.
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It remains unknown if the famous “evil clown” sign that has long stood in front of Circus liquors will follow them to their new home.
Circus liquors sits on a 52-acre property owned by the Scaduto and Azzolina families, under their development company Mountain Hill.
Middletown Township and the Azzolina family have been arguing over this property for years: Just this past February, the Middletown Township Committee unanimously voted to give the Township the ability to use eminent domain to declare the property condemned, have it appraised and then pay the Azzolina family for it.
So, the announcement this week by the Scadutos/Azzolinas that they are moving their liquor store is very significant.
Does Middletown still plan to use eminent domain to seize the Circus liquors property?
“This is currently the subject of litigation and that is all we can say on it,” replied Mercantante Wednesday.
This was the property that was supposed to be Shoppes at Middletown, which would have had a Wegman’s and a movie theater. But the developer backed out of that plan in the middle of the pandemic, saying it could not secure financing.
Lawsuit over Circus Liquors property still pending
Previously, the Azzolinas had an agreement to sell the land to a developer (AAMHMT Property, LLC), who would build nearly 1,000 housing units on the site. But Middletown argues that is in violation of this redevelopment plan Middletown and the Azzolinas agreed upon in 2017.
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Middletown says only the back half of that lot is zoned residential, and Toll Brothers is already building there (Middletown Walk).
Middletown says the front half of the property, the big (mostly empty) parking lot facing Rt. 35, can only be used for commercial or public use, such as soccer fields. Middletown already selected a rival developer, B. Duva, to develop the property.
That’s why last summer AAMHMT sued Middletown Township.
A judge is supposed to make a decision on AAMHMT Property, LLC vs. Middletown Township, the Middletown Township Committee, Middletown Planning Board and B. Duva Aug. 2, so stay tuned.
In the past, the Azzolinas have always declined to speak to Patch about their battle with Middletown over their property in the heart of Middletown, and one of the last few wooded areas left in the area.
Past coverage of the battle over the Circus Liquors property in Middletown:
Middletown Intends To Use Eminent Domain To Buy Circus Liquors Lot (March 2024)
Middletown Sued By Developer Over Circus Liquors/Rt. 35 Property (August 2023)
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