NORFOLK, Va. (WAVY) – A Norfolk Circuit Court judge has denied a temporary injunction that would have allowed a downtown business to reopen its nightclub.

The owners of Scotty Quixx filed for a temporary injunction to allow the business to reopen as a nightclub after Norfolk City Council revoked its conditional use permit (CUP) in September. Council based their vote on allegations made by the city that Scotty Quixx was in violation of its CUP because their sales reports to the Virginia Alcoholic Beverage Control Authority (ABC) did not match up with the meal tax payments to the Commissioner of the Revenue.

During the temporary injunction hearing, attorneys for the owners of Scotty Quixx argued their business was unfairly targeted and that the revocation of their CUP – necessary to operate after midnight – has caused them to effectively shut down.

Norfolk Circuit Court Judge Mary Jane Hall presided over the temporary injunction hearing and issued her opinion on Tuesday. She denied Scotty Quixx’s request, but will allow the business to file an amended complaint. In her opinion, Hall wrote that Scotty Quixx failed to prove “irreparable harm and inadequate remedy at law.”

Attorney Kevin Martingayle represents Scotty Quixx. He declined to comment on the judge’s decision, except to say that the business plans to file an amended complaint.

Scotty Quixx isn’t the only downtown business to have its CUP revoked. The city has been cracking down on bars and clubs accused of violating the terms of their CUPs. City Manager Chip Filer promised to crack down on businesses in the wake of several high-profile shootings downtown this year.

Scotty Quixx is the third business to ask a judge to allow them to reopen after having their CUPs revoked, but none have succeeded.