SPRINGDALE — Mary Maestri’s likely is permanently closed after owner Daniel Maestri on Thursday dropped his lawsuit against a state agency pursuing back sales taxes.
Maestri’s attorneys William Jackson Butt II and Casey Dorman Lawson on Thursday morning filed a motion in Washington County Circuit Court to drop the lawsuit against the Arkansas Department of Finance and Administration.
Judge Mary Ann Gunn signed an order dismissing the lawsuit against the state agency without prejudice, meaning it could be refiled later. That meant a hearing that was set for 1:30 p.m. Thursday was not necessary.
Maestri posted a sign saying “temporarily closed” by the front door of the namesake Tontitown restaurant Wednesday. Mary Maestri’s has been open 87 years and typically serves dinner from 5:30 to 9:30 p.m.
Representatives from the Department of Finance and Administration likely will go to Mary Maestri’s today and post closed signs on the restaurant, said attorney William Keadle, who represents the state agency in court.
The state also will pursue collection of sales taxes owed, Keadle said.
The state Department of Finance and Administration in January sought to close Mary Maestri’s for failure to pay state sales taxes for two months in 2008 and two months in 2009.
State law allows a business to be closed for failing to pay or report tax for three or more times within two years.
Court documents don’t say how much in taxes the restaurant owes. State laws say information about sales taxes a business collects isn’t subject to public disclosure unless there is a lien filed against the business for a month in which sales taxes are owed.
A real estate “for sale” sign near Mary Maestri’s indicates the land on which the restaurant sits is for sale.
Dorman and Lawson were out of their Fayetteville law office on Thursday. Maestri said he would not answer questions about the lawsuit or the back sales taxes Wednesday evening.