Valley City  (CSi) Southeast Judicial District Judge Jay Schmitz, Thursday, May 10th, denied a motion requested by Robert Drake for the court to issue a Temporary Restraining Order against the city of Valley City.

The restraining order would have  stopped the bidding process on the Streetscape project until put to a vote of Valley City residents.

Judge Schmitz said in his ruling:

“I find as a matter of fact and conclude as a matter of law that the court cannot enjoin the NDDOT from conducting the bid opening because the NDDOT has not been named as a party or served with any notice of this proceeding. Therefore, the court lacks jurisdiction to grant the requested relief.”


Valley City (CSi) Valley City officials on April 19th denied a second request to have a petition to put a vote to the people, to stop a street improvement project on Central Avenue and Third Avenue, Southeast.

The first petition request was denied earlier this month, (April, 2018) because of language.

A legal complaint issued by Robert Drake said irreparable harm will be done to downtown Valley City businesses, if the project moves forward.

Southeast District Court Judge, Jay Schmitz dismissed a motion asking for the Temporary Restraining Order, saying the action taken by the City Commission on January 2nd this year to approve the overall project concepts, was a legislative decision, so there was no legal basis for the court to act on the compliant.

City Attorney Lilie Mertins has indicated an initiated ordinance can not bypass commission action under North Dakota Century code.

At the April 17th, City Commission meeting, commissioners approved going ahead with the street improvement project, at Central Avenue and 3rd Avenue Southeast.

At the commission meeting, the motion was approved for an amendment for the preliminary and design engineering services with KLJ, increased by up to $16,000 on a 3 to 2 vote.

Commissioners Magnuson and Bishop voted against it.

The commission indicated the cost of the Central Avenue Project had gone up from $1.55 million to $1.9 million because of construction engineering estimates.

The North Dakota DOT Urban Grant Program StreeetScape project was approved on a 4 to one vote, with Mike Bishop voting against it.

Commissioner Ross Powell said at the City Commission meeting that he voted in favor of both projects to get them moving forward.

Bids will be let for both projects on May 11th in Bismarck.