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Town Argues for Injunction Against Daybreak Nurseries

The Town of Westport went to court today to try to convince a judge to issue an injunction against Daybreak Nurseries to stop using a residential area for its business operations.
The town has issued repeated cease and desist orders against Daybreak Nurseries this year. WestportNow.com file photo

Arguments in the case began Tuesday in Superior Court in Stamford and continued today, according to Town Attorney Ira Bloom.

“It may or may not continue through tomorrow (Thursday),” he told WestportNow.

Bloom said because there are legal issues involved, he anticipates that the judge will request the parties to submit briefs after the evidence is completed.

“Therefore, I would not expect an immediate decision at the conclusion of the evidentiary portion,” he said.

The town has issued repeated cease and desist orders against Daybreak Nurseries this year 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.

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

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