Morning Weather Report

Today

Sunny, with a high near 78. Northwest wind around 9 mph.

Tonight

Partly cloudy, with a low around 58. Light north wind.

Tomorrow

A 30 percent chance of showers, mainly after 2pm. Partly sunny, with a high near 75. Calm wind becoming southeast around 5 mph in the afternoon.

Tomorrow Night

A 50 percent chance of showers. Mostly cloudy, with a low around 59. Light southeast wind.

High Tides

11:26 AM / 11:46 PM

Low Tides

5:22 AM / 5:16 PM

Michael Franti + Spearhead Bring Positive Energy to Levitt Pavilion

Michael Franti + Spearhead rocked the Levitt Pavilion for the Performing Arts tonight as hundreds jumped to their feet with every song and story the musician belted out under the setting sun. The show was opened by Tropidelic, a band from Cleveland who shook the Saugatuck with “an interesting mix of reggae, hip-hop, and high energy funk.” “The most exciting concert we’ve seen here yet!” one exclaimed as they alighted the stairs after the final song had finished. WestportLocal.com photo

Hiawatha Lane Update: Lawsuit Continues

Artistic rendering of the courtyard at the center of the three buildings by The Monroe Partnership Architects.

The lawsuit filed by three Saugatuck residents living in homes in the Hiawatha Lane neighborhood against the developer who has been seeking to build a 157 unit housing complex for many years received new life on Friday when counsel for the Plaintiffs filed a Motion To Reargue/Reconsider the judgment entered by the court on May 31, 2022. In that ruling Judge Marshall Berger found in favor of Summit Saugatuck, LLC on cross motions for summary judgment which were argued in court in February (see WestportLocal reporting June 1, 2022 https://westportlocal.com/news/hiawatha-lane-residents-lawsuit-decided?rq=Hiawatha%20). The granting of summary judgement eliminates the need for a trial as it holds that "… there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law…"

The suit filed in September 2021 from which one plaintiff has withdrawn has prevented the developer from proceeding with construction and that delay will continue until the controversy has been finally decided.

The core issue is whether or not "a common uniform development plan exists as to certain land in Westport". In his May 31st memorandum of decision Judge Berger found that no such common plan exists; "…the undisputed facts demonstrate no question of fact that a uniform common plan does not exist in this case"

The reason this issue is paramount is that plaintiffs argue that the common plan they allege exists would preclude the multi-family development envisioned by Summit and that only single family homes may be built on the properties at issue. Summit obviously disagrees.

Motions for re-argument  and reconsideration are not often filed and usually face an uphill battle as the moving party is asking the court to essentially admit the court erred or missed vital facts or relevant law in making it's ruling. One common hurdle is the second bite of the apple doctrine which holds that a "motion to reargue is not to be used as an opportunity to have a second bite of the apple or to present additional cases or briefs which could have been presented at the time of the original argument" .

The plaintiffs have filed a fifteen page pleading raising highly technical issues which contest certain applications of law in several areas including inheritance law which plaintiff maintains the court failed to properly apply. They argue that the court's conclusion "…the estate [of the original owner] was the only entity that held title to all of the lots"  was improper. Their motion further claims that the court misconstrued the law which led to the finding that there was no common plan which would support plaintiff's claim that the deeds only allow for single family homes.

Going forward the Defendant will likely file an objection to the motion and which the court will either rule upon or probably hold a hearing before making it's ruling. This can add weeks or even months to the life of this case after which the party that receives an adverse ruling can appeal that ruling and if that is the Plaintiff, also the summary judgment ruling on May 15th. Appeals can often take up to a year or longer which means that unforeseen circumstances not withstanding we may not be seeing construction of the 157 unit complex any time soon

Police: One Person Shot at Wafu in Southport; Investigation Continues

Wafu Asian Bistro on Post Road in Southport. Image from Google Maps. 

Just after midnight, Westport Police officers responded to Wafu Asian Bistro in Southport on Post Road for the reported active shooter. Any shots fired had stopped prior to police arrival, however they found large crowds leaving the area and later found shell casings discharged from a gun, according to the Fairfield Police Department. One patient with a gunshot wound from the shooting was reported to have arrived at Bridgeport Hospital a short time later. Police are asking for any cell phone footage or pictures to assist in their investigation, with anonymous tip options available. The shooting is the second major event to strike the local sushi bar this year after Westport and Fairfield police departments responded to the location in February for the report of a large fight, with upwards of 20 people being pepper sprayed by someone in the crowd and dozens fleeing the area upon their arrival. (click to read more)

Fairfield Police Department Press Release:

On Sunday June 19, 2022 at approximately 0015hrs the Fairfield Police Emergency Communications Center received several 911 calls reporting shots fired at Wafu, 3671 Post Road, Southport. Westport Police also received several 911 calls reporting the same activity and sent officers to assist.

First arriving officers from Fairfield and assisting officers from Westport found a large crowd dispersing from inside of the restaurant to the parking lot area. Employees from the restaurant reported hearing shots fired following the altercation however there were no gunshot victims found by police.

Approximately ten minutes later, police were notified by Bridgeport Hospital that they were treating a gunshot victim who claims to have been shot in Southport.

A preliminary investigation revealed that an adult male sustained a gunshot wound to the arm and was suffering from non-life threatening injuries. Several items of evidentiary value were found on scene which include shell casings. This is an ongoing and active incident being investigated by the Fairfield Police Detective Bureau.

Anyone with information or may have video from their cell phone is asked to contact the Fairfield Police Detective Bureau at 203-254-4840.

Anonymous tips can be submitted via the Fairfield PD mobile app or by texting the keyword FPDCT plus your message/tip to 847411 (Tip411). Tips can also be submitted online at fpdct.com/tips.

(Note: When sending a tip by text message, text keyword FPDCT to 847411, add a space, type in your tip information, and hit send.)