DEFENDANTS’ BRIEF IN SUPPORT OF EMERGENCY MOTION TO DISSOLVETEMPORARY RESTRAINING ORDER – PAGE 1
CAUSE NO. DC-12-04834CHRISTOPHER BRYAN FEARS,
vs.SHEFFIELD KADANE, AS CITYCOUNSILMAN FOR DISTRICT 9 OFCITY OF DALLAS, MARY BRINEGAR,AS PRESIDENT AND CEO OF DALLASARBORETUM AND BOTANICALSOCIETY, INC. AND PAUL DYER, ASDIRECTOR OF DALLAS PARK ANDRECREATION DEPARTMENT,
§§§§§§§§§§§§§§§§IN THE DISTRICT COURT192
JUDICIAL DISTRICTDALLAS COUNTY, TEXASDEFENDANTS’ BRIEF IN SUPPORT OF EMERGENCY MOTION TO DISSOLVETEMPORARY RESTRAINING ORDER
To the Honorable Judge of Said Court:Now come Sheffield Kadane, as Councilman for District 9 of the City of Dallas (the“City”) and Paul Dyer, as Director of the City of Dallas Parks and Recreation Department (“theCity Defendants”) and Mary Brinegar, as president of the Dallas Arboretum and BotanicalSociety, Inc. (the “Arboretum Defendant”) and file this Brief in Support of Emergency Motion toDissolve Temporary Restraining Order (the “Motion”).
On May 1, 2012, Plaintiff filed his Application and Affidavit for Temporary RestrainingOrder and Temporary Injunction against the City Defendants and the Arboretum Defendant (the“Application”). On that same date, the Court issued a temporary restraining order against theCity Defendants and the Arboretum Defendant (the “TRO”). The TRO was improperly grantedand should be dissolved. Plaintiff cannot meet his burden to show he is entitled to injunctive