City, Waterbury v. Phoenix Soil, L. L. Co., No. Cv99-0152370 (Jun. 4, 1999)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION

The City of Waterbury and Vincent Viggiano, the City's zoning enforcement officer, bring this action pursuant to General Statutes § 8-12 to enforce a cease and desist order issued by Viggiano to the defendant Phoenix Soil, LLC. The plaintiffs contend that the height of Phoenix Soil's smokestack exceeds 95 feet, the allegedly applicable height limitation in the Waterbury Zoning Code. On April 22, 1999, the court held a CT Page 7392 hearing on the plaintiffs' request for a temporary injunction…