Appeals Court to Decide Fate of Bengies Drive In Theater’s $750K Wall

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Bengies, circa 1998, obviously.

Remember back in summer 2012, when Bengies Drive In Theater¬†sued the near-by Royal Farms for three-quarters of a million dollars to fund an 800-foot, light-blocking wall? The jury was all, “Sure, whatever.” But a couple months later a judge was like, “Yeah right,” and set the jury verdict aside.

So Monday Bengies owner D. Edward Vogel found himself having to convince yet another group of people — this time a three-judge panel in the Court of Special Appeals — that the light from the Royal Farms is detrimental to his business, shortening his season by several weeks (as he waits for trees to sprout leaves that will block some of the light) and preventing him from building a second screen, and that the only solution is to force Royal Farms to pay for an 800-foot, $750,000 wall.

According to the Baltimore Sun, we don’t know yet when a decision will be handed down. But Vogel has been fighting this RoFo ever since it received a special zoning exception in 2003 to build across the boulevard from the drive-in.

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