Driggs, ID Airport Preliminary Injunction
We received a preliminary injunction against the City of Driggs on June 11th. Unfortunately, this was not upheld at a hearing because we were out lawyered. We will keep up the fight at Driggs where the Mayor, City Attorney, and the Town Council were bought off by the FAA.
This is an abbreviated summary of the Preliminary Injunction:
Plaintiffs….having filed a Motion for Temporary Restsraining Order, and good cause appearing, and pursuant to Rule 65 of the Idaho Rules of Civil Procedure:
Defendants CITY OF DRIGGS, a municipal corporation of the State of Idaho,…,ARE HEREBY ENJOINED, RESTRAINED AND PRHIBITED, until futher order of this Court, fron taking any present action as long as this Injunction is in effect which would adversely affect Plaintiffs’ “interest in real property” related to their existing and future rights to conduct through-the –fence operations at the Driggs Reed Memorial Airport.
This Preliminary Injunction is granted on the grounds and for the reasons that:
(1) it appears from the affidavits submitted and from other documents and pleadings o file in this matter that the Plaintiffs are entitled to the relief demanded;
(2) this Preliminary Injunction is based upon the fact that it appears necessary for the preservation of rights of the parties;
(3) this Preliminary Injunction is issued to maintain the status quo pending a hearing upon the Plaintiffs’ Motion for Permanent Injunction; and
(4) it appears from the affidavits submitted and from other documents and pleadings on file in this matter, that Defendants’ anticipated present actions may irrevocably affect Plaintiffs’ existing and future rights to continue TTF operations at the airport prior to a hearing on Plaintiffs’ Motion for a Permanent Injunction; and
(5) if not granted, the Plaintiffs may suffer irreparable damage in that the Defendants may adversely affect Plaintiffs’ interest in real property pendin a hearing on the Plaintiffs’ Motion for Permanent Injunction.
IT IS FUTHER ORDERED that the Plaintiffs is required to fiel a Civil Bond inLieu of Undertaking in the amount of $1,000 in favor of the Defendents.
IT IS FUTHER ORDERED that this Preliminary Injunction Order is being issued at the date and time set forth below with the Court’s signature. This Preliminary Injunction Order shall be in full force and effect until the hearing upon Plaintiffs’ motion for permanent injunction unless it is, for good cause, extended by the Court.
Issued this 11th day of June, 2009 at 1:35 P.M.