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Injunction hearing, 9.20.23

Eddie Bearman and Stacy Greenway presented case law in Chancery Court that

  • the Public Promenade was dedicated for people to use and enjoy specifically as a promenade,

  • Brooks does not own the land,

  • the City does not own the land,

  • the City's role is actually to act as trustee of this promenade easement for all of us,

  • the dedication is legally binding on everyone.

They also showed that any delay in this lawsuit was based on misleading information presented by Brooks and the City about the size of a proposed cultural amenity. The Studio Gang Concept design clearly shows a very small building on the block between Monroe and Front.

(See particularly pages 30, 31, and 36.)

Many people testified that Brooks has provided excellent education projects and is an important amenity in our city. No one questions that, but the benefits from Brooks to Memphis and society are not site specific and would continue where they are now or in

another location. The spectacular views from the Promenade and the public's right to the space on the high bluff belong in perpetuity to all of us for just that purpose.

The Temporary Restraining Order issued at the August hearing was due to expire 9/20 and has expired. Chancellor Melanie Taylor Jefferson is considering the evidence presented in yesterday’s hearing before her decision on issuing an injunction. We will update you as soon as we are notified of her decision.


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