Kids Zone Realty LLC says it should be allowed to open at 7 Platt Road because of a technical error.
The company asked the city for permission to use the home on Platt Road on Jan. 4, and the Planning and Zoning Commission failed to act on it within 90 days, the company claims.
The request was denied 95 days. The company also disputed the reasons for the rejection, such as that the use of the property would be too intense and generate too much traffic.
The trial is scheduled to start in November in Milford Superior Court.
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