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Matthes-Opus lawsuit: Emergency Motion TRO

Matthes-Opus lawsuit: Emergency Motion TRO

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Temporary Restraining Order request
Temporary Restraining Order request

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Published by: The Columbia Heart Beat on Aug 25, 2014
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03/19/2015

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DB04/838794.0002/2326250.2 DD02
IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF MISSOURIBETTY WILSON AND )MICHAEL MACMANN, ))Plaintiffs, ))v. ) Case No. 2:14-CV-04220)CITY OF COLUMBIA AND )MIKE MATTHES, ))Defendants. )
EMERGENCYMOTIONFOREXTENSIONOFSTATECOURTTEMPORARYRESTRAININGORDER 
Pursuant to Rule 65(b) of the Federal Rules of Civil Procedure, Plaintiffs respectfullyrequests this Court enter a temporary restraining order prohibiting the defendants from takingany action with respect to the proposed student housing development at Eighth and Locust inColumbia, Missouri. Plaintiff incorporates by reference the allegations of the verified Petitionfiled in the Circuit Court of Boone County, Missouri on August 12, 2014, made part of therecord in this Court by the Notice of Removal at Doc. 1-1, and states further as follows:
BACKGROUNDFACTS
1. On July 31, 2014, the City Clerk of the City of Columbia, Missouri certified areferendum petition to repeal Bill 130-14 as sufficient to the City Council.2. Within hours of the certification, the Defendants announced their intention toissue permits regarding the proposed student housing development on Eighth and Locustregardless of the status of the referendum petition and the rights of the Plaintiffs. See VerifiedPetition Ex. H. Doc 1-1 at 114.
Case 2:14-cv-04220-NKL Document 3 Filed 08/22/14 Page 1 of 6
 
DB04/838794.0002/2326250.2 DD02
3. On August 18, 2014, Defendant City repealed Bill 130-14, the second ordinanceattempting to authorize a development agreement necessary to permit this development to proceed.4. The first ordinance attempting to authorize a development agreement necessary to permit this development to proceed, Bill 62-14, was the subject of a referendum petition that wassubmitted to the Defendant City on April 8, 2014. Defendant City repealed this ordinance in June2014.5. Under Section 135 of the Columbia City Charter, the Defendant City can take noaction regarding the proposed development for a period of six months after the repeal of theordinance. The Defendants are not authorized to issue permits to the project for a period of atleast six months following August 18, 2014.6. The Defendants have already overridden the rights of the citizens and thePlaintiffs as expressed in the referendum petition to repeal Bill 62-14, which was repealed byCouncil vote in June 2014, by issuing street and sidewalk closure permits to facilitate thisdevelopment on July 7, 2014.
THESTATECOURTTROANDRELATEDPROCEEDINGS
7. On August 13, 2014, Judge Christine Carpenter of the 13
th
Judicial Circuit,entered a temporary restraining order pursuant to Missouri Rule 92.02(b). See Doc 1-3 at 1 of 268, also attached here as Exhibit A. Under federal law, this injunction continues in full forceand effect as if the case were not removed.
 See Granny Goose Foods, Inc. v. Brotherhood of  Teamsters & Auto Truck Drivers Local No. 70
, 415 U.S. 423 (1974) ("[I]njunctions and other orders obtained in state court all remain effective after the case is removed to federal court.").
Case 2:14-cv-04220-NKL Document 3 Filed 08/22/14 Page 2 of 6
 
DB04/838794.0002/2326250.2 DD02
8. On August 18, 2014, Plaintiffs filed a motion for sanctions against the Defendantsfor violating the TRO in the Circuit Court of Boone County. A copy of that motion was includedin the documents filed with the Notice of Removal. See Doc 1-3 at 242-246.9. The current temporary restraining order will expire under state court rules at theend of Monday, August 25, 2014.10. The Circuit Court of Boone County set this case for a motion hearing at 9:00 AMon Monday, August 25, 2014, while the TRO would still be in effect. Before that hearing couldtake place, on August 21, 2014, Defendants filed their notice of removal.
DEFENDANTS ARE POISED TO ISSUE PERMITS TO THE PROPOSEDDEVELOPMENT
11. On Thursday, August 21, the same day that Defendants removed this case to thisCourt, one of the Proposed Intervenors, or their affiliate, provided notice via email to adjacent property owners that they intend to begin demolition on August 25, 2014. A copy of this noticeis attached to this motion as Exhibit B.12. As noted above in paragraph 2, Defendants announced their intention to authorizethis development to proceed while the second citizen referendum petition, signed and circulated by the Plaintiffs, was still pending.
PROPOSED INTERVENORS DO NOT PRESENTLY HAVE PERMITS ANDARENOTENTITLEDTOPERMITS
13. As described above in paragraphs 3, 4, and 5, the Plaintiffs' rights under theColumbia Charter prohibit Defendants from authorizing this project for six months after the dateof the repealed ordinance.
Case 2:14-cv-04220-NKL Document 3 Filed 08/22/14 Page 3 of 6

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