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Vereyken said his case was heard at the State of Michigan Bureau of Construction Codes in Lansing, last Friday.

The restaurant has been closed since Dec. 5, 2007, because of a code violation, according to the Kalkaska County Construction Codes office. Vereyken appealed his case in Lansing.

-We had our case heard downstate and we won,-Vereyken said last Friday. -They (KCCC) tried as hard as they could to keep us from being in business.-

The issue, according to Vereyken, was a technicality in the code. Vereyken hired a downstate company, Fire Safety Inc., to study the system and render an opinion. The company rendered a dual opinion that the system meets the state and federal requirements as a public water system and it also has met all the testing requirements of water flow for the fire suppression sprinkler system, according to Vereyken. The BCC in Lansing determined the type of water supply is public and that the restaurant does not need to have a listed pump. The violation, according to Vereyken, had revolved around the interpretation of the definition of a public water system.

The KCCC had informed Vereyken that he did not have a listed pump in his well system that feeds his sprinkler system inside Gio's, according to Vereyken.

Vereyken said he plans to submit revised plans and reopen Gio's within a couple of weeks.

-Hopefully, they'll not try to slow us down,-he said. -Our interpretation was correct and it is a public water system. -We really appreciate all the public support. It makes me feel like there is a reason for us to go forward.-

Heidi Berden can be reached at hberden@michigannewspapers.com or by calling 231-258-4600.