Court Releases Order Denying Motion for Temporary Restraining Order

Ashley Limesand
Staff Writer

Judge Jay A. Schmitz released an order on May 10 denying plaintiff Robert Drake a motion for a temporary restraining order and preliminary injunction in the citizen's civil case against the City of Valley City pertaining to the Streetscape Project.

Judge Schmitz states in his order, "At the hearing (on May 8), counsel for the City informed the court that the bid opening was being conducted by the North Dakota Department of Transportation at its offices in Bismarck. The NDDOT is providing grant money for the Project."

With this in mind, the judge concludes, "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."

In response to this denial, Drake tells the Times-Record, "We were just trying to stop this thing and this was the only way that was available to us."

More on this story can be found in the May 15 edition of the Times-Record.