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rights under theColumbia Charter prohibit Defendants from authorizing this project for six months after the dateof the repealed ordinance.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