Temporary restraining order against Rugby First denied
Judge Richard Hager denied a temporary restraining order sought by Rugby residents Craig and Jennifer Zachmeier earlier this month in Pierce County District Court.
The restraining order was requested when the Zachmeiers filed a lawsuit in December against nonprofit corporation Rugby First, who received land next to the Zachmeiers’ property with plans to build a community center on the land.
The Zachmeiers sought the order after outlots and access easement on the land were recorded with the City of Rugby, another defendant in the lawsuit.
Also named as defendants in the suit were Rugby Mayor Susan Steinke, Rugby City Attorney William Hartl, the Rugby Park Board, Park Board President Roger Sitter, the Rugby Planning and Zoning Commission, local business owner and Rugby First member Brad Wangler, landowner Gary Laughridge and G and H Enterprises, Inc.
In the order denying the temporary restraining order, Judge Richard L. Hagar wrote: “The plaintiffs’ position is that the recording of the outlots, the access easement and the warranty deed, which have already taken place, are now permanent and constitute an illegal taking. There is also another public meeting scheduled, which will, if not stopped, cause further damages to the plaintiffs.”
Hager cited the fact the defendants in the motion for the restraining order were not given time to respond.
Hager wrote: “But the review for a temporary restraining order, based upon only one side of the argument, requires a somewhat greater exigency (urgency) for irreparable harm before a decision on a preliminary injunction and or the merits can be rendered. The plaintiffs have not made that case today.”
The order continued, “The plaintiffs’ argument, as supported by the factual representations filed, is woefully short of showing any immediate harm which rises to the level necessary to grant such intervention at this point in the time line of actions having taken place by the parties.”
Hager’s order denying the temporary restraining order was dated Jan. 17 in Minot.
– Tribune Staff Report
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