Jared Foster, owner of Landshark Restaurant, filed an appeal last week after the Oxford Board of Aldermen voted to overturn a decision made by the Oxford Planning Commission to approve the site plan for his new restaurant, Velvet Ditch Seafood.

Foster filed his appeal on Oct. 11 in the Lafayette County Circut Court.

Foster is renting the former Abner’s building and has been attempting to create an outdoor dining/bar area to accommodate more customers. The plans were to remove the parking lot and put down turf with tables and a bar outside.

Residents who live around the area appealed the Commission’s vote to the Aldermen.

On Oct. 1, the Board of Aldermen approved their appeal from the neighbors.

Some of the aldermen expressed concerns about safety issues when 200+ people could potentially leave the business at once. The restaurant, like most on the Square, will primarily become a bar after normal dinner hours.

Foster can open the indoor portion of the restaurant after inspections are complete.

In response, Foster has taken legal action, arguing that the decision by the Board of Aldermen was unjust. According to his legal filing, Foster claims that he had fully met all the requirements set by the city of Oxford’s planning and development regulations. He emphasizes that the Planning Commission, along with the city’s planning staff, had recommended approval of the site plan.

Foster’s appeal states that the decision to block his project was “arbitrary and capricious,” meaning it lacked proper reasoning or substantial evidence. He contends that the site plan complied with all city regulations, and the Board’s actions effectively denied him the legal right to move forward with his restaurant plans.

As of Monday, Oxford had not yet filed a response to the appeal.