Yesterday Chancellor Melanie Taylor-Jefferson ruled on Friends for Our Riverfront's (Friends) request for a Temporary Injunction (TI). We're reviewing that Order, which denies the injunction and focuses, not on the facts and legal issues of the case, but on a techical bonding issue. To read the Order, click HERE.
Eddie Bearman, who represents Friends, replied to a question from WREG about the ruling:
" We believe that the order denying the injunction is based upon an error of law. The ruling seems to suggest that the inability to post a 1 million dollar bond for a Temporary Restraining Order can be the reason to deny a Temporary Injunction. We think it is clear that the Rules do not read that way and the Court has made an appealable error. We will be seeking an appeal."
The City's and Brooks, Inc.'s failure to act responsibly and resolve legal questions about proper use of the prime riverfront land known as the Public Promenade, left Friends with no option but to file suit to protect a long-standing easement that gives citizens the right to a connected greenway stretching across the face of our city. We continue to be committed to the same principles of protecting and improving our irreplaceable riverfront and the public's right to use it as a Public Promenade.
In the Courts,
Round 1 -
After discussions with Brooks and their architects, which began in 2017, failed to find a way the museum and promenade could co-exist, Friends, on Aug. 22, 2023, filed a complaint requesting a Temporary Restraining Order (TRO). The TRO was granted by the Chancellor on Aug. 30, 2023 and bond set at $1M to halt construction until the Chancellor could hear our petition requesting a Temporary Injunction (TI). At this point, although Brooks had held a celebratory groundbreaking, they, to our knowledge, had no building permit, and we did not have $1M.
Round 2 -
The TRO and bond opportunity expired, and, on Sept. 20, 2023, the Court heard our Request for a Temporary Injunction. Yesterday, June 29, 2024, that request for a Temporary Injunction was denied based on Friends failure to post the $1M bond on the earlier request for a TRO. Yesterday's Order does not address the important legal and factual issues at play.
During the delays, an invalid deed and affidavit were submitted to get a building permit for Phase 1 of construction (the garage, underground art storage area, and building infrastructure). That's the construction work now taking place at Front and Union. An application for a building permit for Phase 2, the museum/event space, has been withdrawn.
Missing: Brooks, without documenting the financial viability of abandoning the current City owned museum, the economic benefit of a new facility, or the consideration of other location options, continued and continues fundraising and marketing of the new facility as a museum and event space.
What's Next? - We remain committed to protecting and improving the Public Promenade as an irreplaceable asset for every citizen. We're an all-volunteer citizen group. Join us.