Town of Grafton proceeds with legal action against local landscaping business | Business
The city filed a subpoena and complaint on Nov. 24 against Nicholas Behl and a limited liability company, Spring Trim 4 Seasons, registered in Behl’s name. Behl runs his landscaping business on land he rents on Lake Shore Road.
According to the city, Behl never received a conditional use permit to have the business on the property. City zoning rules require such permission to run a business out of residential real estate.
The complaint filed in the fall alleged that the condition of the property was a nuisance and the improper business was a violation of zoning. The document noted that the city had received various complaints from neighbors about the business and his condition.
Last week, the city filed a default judgment motion on the case, asking the court to issue a judgment on the matter.
“Please note that the plaintiff, the City of Grafton, will, on a date to be determined by the court, appeal to the court, presided over by the Honorable Sandy A. Williams, for an order under Wis. Stat. Section 806.02 Determination that Defendants Nicholas A. Behl and Spring Trim 4 Seasons, LLC are in default, the arrangement of property of the defendants will be deemed disruptive, and the defendants will be ordered to pay damages at an amount determined by the court. “
The November subpoena and complaint followed a breach notification and injunction given to Behl in June under that complaint. The document goes on to say that Behl met with city officials in July and was informed of all permit requirements. However, the complaint alleged that there were no completed documents by the filing date The petition was filed and the illegal activity on the Lake Shore Road property continued.
According to discussions and minutes of city meetings since November, activities on the property have continued. While Behl attended several meetings to discuss a conditional use permit, the application was not approved due to unanswered questions about whether his business complies with city landscaping restrictions.
According to the complaint, if convicted, a state of molestation on the property could result in fines of between $ 50 and $ 200 for the first offense and between $ 100 and $ 400 for subsequent offenses, with the harassment being a separate offense each day. Violating the zoning of an unauthorized company could result in losses between $ 50 and $ 500 per day of violation.
Both Behl and city officials declined to comment as the legal matter is still ongoing.