SILVER SPRING Md. (WUSA) -- A "fright fight" is on in Silver Spring.

That's where a Montgomery County judge has issued a temporary restraining order to shut down an elaborate neighborhood Halloween display and open-house style garden party that unfolds over five nights at the home of real estate agent Donna Kerr.

Kerr Has is fighting back. On Wednesday her lawyers filed a response claiming county officials used illegal ambush legal tactics in obtaining the restraining order.

Opponents of the fourth annual event called the Haunted Garden cite parking and safety issues at the home at the intersection of Worth Ave. and Hamilton Ave. As many as 2,000 people have visited the garden in previous years.

The Haunted Garden amounts to a prohibited commercial promotional event which is in a residential neighborhood, according to Montgomery County's Permitting Services Department.

Kerr has promoted the Haunted Garden on her real estate company's website, but denies she's conducting a business activity in her home. "It's a neighborhood party," she said. "Its about me trying to put something on for the community to give back to them for supporting my business during the year."

"I've never seen them handing out business cards or anything like that," said next door neighbor Mark Cress, who supports the Haunted Garden. "Eighty-five to ninety percent of the people are kids. They aren't buying real estate." Cress called his neighbor's Haunted garden a "great family fun event that I love bringing my two five year olds to."

Kerr and her supporters are conducting a petition campaign. A court hearing is scheduled October 15th.

Read legal filings attached with the story.

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