It hasn’t been a cakewalk for this New Hampshire bakery.
Leavitt’s Country Bakery is embroiled in a legal battle with the town of Conway after officials said that its massive mural of doughnuts outside needs to be taken down.
The bakery’s owner, Sean Young, who filed a First Amendment lawsuit against the town earlier this year, wrote on Facebook Sunday: “Unfortunately the saga isn’t over yet.”
Both sides “agree they will have to litigate this controversy,” according to a joint statement filed Wednesday in federal court.
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The painting on Young’s business depicts the sun shining over a colorful array of pastries, including chocolate and strawberry doughnuts with sprinkles, a muffin, cinnamon roll among other baked goods.
The sign, which looms large over Young’s business at approximately 90 square feet, is four times bigger than the local sign code allows.
As a result, zoning officials said the painting was closer to an advertisement than art. Young was told he could either remove the mural, which was painted a year ago by local high school art students — or face the possibility of being met with fines or criminal charges.
Leavitt’s Country Bakery features a massive painting across the business that was created by local high school students. AP Leavitt’s Country Bakery owner Sean Young shared an update about the situation on Facebook this weekend. AP
He filed a lawsuit in January, saying the town is violating his freedom of speech rights.
According to local officials, the mural would be welcome to stay if it depicted real-life mountains instead of pastries taking the form of mountains — or if the building it was illustrated across was not a bakery.
Both sides agreed in February to pause court proceedings pending a vote on a revised sign code that would allow the painting to stay, but the vote failed to pass.
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The measure failed to gain traction during town elections in April, even though locals generally seem to have positive feelings about the painting, according to the Associated Press, citing local newspapers.
The town of Conway will have until July 21 to respond to Young’s lawsuit. AP
The proposed change seemed to fail because it “would only further complicate enforcement” of the town’s zoning rules.
“The town articulated that it continued to view the painted panels affixed to a portion of the Leavitt’s facade as a ‘sign’ prohibited by the sign code. As such, there remains a live controversy between the parties that requires this court’s attention,” a joint statement from both sides released Wednesday read.
Conway will have until July 21 to formally respond to Young’s lawsuit and then both sides will meet by Aug. 4 to submit a report to the judge.
Conway’s zoning board says the painting is closer to an ad than art and needs to be removed. AP
Both sides “continue to believe there will likely be few if any contested issues of material fact,” the statement said.
Young, who is being represented by the Virginia-based Institute for Justice, asked for $1 in damages.
MANCHESTER, N.H. — The discovery of the body of a newborn baby girl in a New Hampshire pond is weighing on the hearts of the community.
First responders and police are asking the public for help, and fear the mom might be in danger.
The body was found floating in a pond at Pine Island Park in Manchester, New Hampshire.
“It’s heartbreaking to have to deal with. It’s extremely tragic. I worry about the mental health of my officers,” Manchester Police Chief Peter Marr said.
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The discovery is being treated as a suspicious death investigation after the results of an autopsy and facts detectives gathered.
“Scary, very nerve wracking,” one parent at the park said. “It had to be something really devastating to push a mom to do something like that. Again, like I said, I could never imagine.”
Police responded to the park Thursday, when someone found an object moving in the water.
SEE ALSO: Wife of missing Green Beret charged with murder after body found in pond
That’s when investigators quickly figured out it was a baby.
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“We don’t know who this baby was, or if there’s a woman out there who needs help. All we know is that she is a newly born baby girl, and we need information,” one official said.
Local officials are asking if anyone saw someone discarding anything in the water in the last 14 days, or if anyone knows a pregnant woman who gave birth in the last 14 days who needs medical help.
“It’s very rare. This doesn’t happen ever, and my message to the mother would be, ‘Come forward. Tell us what happened. We’re also trying to seek justice for this baby,’” Marr said.
Investigators say just because the baby ended up in Manchester doesn’t mean she’s from Manchester. Anyone with information is asked to call police.
The body of a newborn girl was found in the water at Pine Island Park in Manchester, N.H. and her death is being investigated as suspicious, law enforcement authorities said Friday evening.
The infant was found around 4 p.m. on Thursday, after Manchester police responded to a report of a body in the water at at the park located off Brown Avenue, New Hampshire Attorney General John M. Formella’s office said in a statement.
Police removed the body from the water. An autopsy conducted on Friday determined the infant is a girl. The cause of death remains pending further testing, according to the statement.
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“It is important to note that while the infant was found in Manchester, this does not necessarily mean the birth occurred in the area or that the mother is from Manchester,” the statement said.
Her death is under investigation.
Anyone with information about the girl’s death should contact the Manchester Police Department at (603) 716-7236. Tips and related information can be provided anonymously via the Manchester CrimeLine at (603) 624-4040.
Tips and related photos can also be uploaded anonymously at www.manchestercrimeline.org, the statement said.
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Adam Sennott can be reached at adam.sennott@globe.com.
