MASSAPEQUA - A Massapequa restaurant is being sued for possibly being too popular.

Oyster Bay is suing Smuggler Jack's for having too many people and too much noise.   

The Town of Oyster Bay has now filed suit against Smuggler Jack's, according to Newsday.

Town officials charge the restaurant bar has exceeded the legal number of patrons.

They charge there's excessive boat traffic to Smuggler Jack's and idling boats releasing fumes.