{"id":144636,"date":"2018-05-10T16:56:10","date_gmt":"2018-05-10T21:56:10","guid":{"rendered":"http:\/\/csinewsnow.com\/?p=144636"},"modified":"2018-05-10T16:59:42","modified_gmt":"2018-05-10T21:59:42","slug":"judge-denies-temporary-restraining-order","status":"publish","type":"post","link":"http:\/\/csinewsnow.com\/?p=144636","title":{"rendered":"Judge denies Temporary Restraining Order"},"content":{"rendered":"

Valley City\u00a0 (CSi) Southeast Judicial District Judge Jay Schmitz, Thursday, May 10th<\/sup>, denied a motion requested by Robert Drake for the court to issue a Temporary Restraining Order against the city of Valley City.<\/p>\n

The restraining order would have \u00a0stopped the bidding process on the Streetscape project until put to a vote of Valley City residents.<\/p>\n

Judge Schmitz said in his ruling:<\/p>\n

\u201cI 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.\u201d<\/p>\n

Previously…<\/p>\n

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.<\/p>\n

The first petition request was denied earlier this month, (April, 2018) because of language.<\/p>\n

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

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.<\/p>\n

City Attorney Lilie Mertins has indicated an initiated ordinance can not bypass commission action under North Dakota Century code.<\/p>\n

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

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.<\/p>\n

Commissioners Magnuson and Bishop voted against it.<\/p>\n

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.<\/p>\n

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

Commissioner Ross Powell said at the City Commission meeting that he voted in favor of both projects to get them moving forward.<\/p>\n

Bids will be let for both projects on May 11th in Bismarck.<\/p>\n","protected":false},"excerpt":{"rendered":"

Valley City\u00a0 (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 \u00a0stopped the bidding process on the Streetscape project until put to […]<\/p>\n","protected":false},"author":3,"featured_media":4340,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-144636","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-valley-city"],"_links":{"self":[{"href":"http:\/\/csinewsnow.com\/index.php?rest_route=\/wp\/v2\/posts\/144636","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/csinewsnow.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/csinewsnow.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/csinewsnow.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/csinewsnow.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=144636"}],"version-history":[{"count":3,"href":"http:\/\/csinewsnow.com\/index.php?rest_route=\/wp\/v2\/posts\/144636\/revisions"}],"predecessor-version":[{"id":144639,"href":"http:\/\/csinewsnow.com\/index.php?rest_route=\/wp\/v2\/posts\/144636\/revisions\/144639"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/csinewsnow.com\/index.php?rest_route=\/wp\/v2\/media\/4340"}],"wp:attachment":[{"href":"http:\/\/csinewsnow.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=144636"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/csinewsnow.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=144636"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/csinewsnow.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=144636"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}