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Judge Continues Daybreak Nurseries Case Until Jan. 12

A Superior Court judge today continued until Jan. 12 the Town of Westports request for an injunction against Daybreak Nurseries to stop using a residential area for its business operations.

Judge David Tobin approved the request in Stamford Superior Court submitted by DaybreakҒs attorney, Larry Weisman. He asked for the continuance because he was in the process of moving his office, according to Town Attorney Ira Bloom.


The town has issued repeated cease and desist orders against Daybreak Nurseries this year. WestportNow.com photo
The town issued cease and desist orders against the nursery on March 14, Sept. 16, Sept. 19, and Oct. 9 after neighbors complained it was splitting logs and moving dirt on the property in violation of conditions set down in a 1983 variance approval.

Kathy Barnard, Planning and Zoning director, said the town sought a court order against the nursery, located at the intersection of Weston Road and Main Street, only after repeated attempts failed to get it to comply with regulations.

Asked if she was disappointed by todays action, Barnard said: ғWe had hoped to get some resolution for the neighbors, but it didnt happen.Ҕ

The town had sought a temporary injunction against the nursery and it was ordered to appear in court today to present its case why such an injunction should not be issued.

Neighbors have complained that commercial activity at the nursery has expanded considerably over the last summer or two.

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