Posted: Oct 7, 2011 4:53 PM by Laurel Staples
Updated: Oct 7, 2011 5:19 PM
The Tuesday demolition of the Greek Café building in Butte remains on schedule.
Late Friday afternoon, District Judge Brad Newman denied a motion for a preliminary injunction to temporarily block the demolition of the Greek Café building. His decision followed a hearing today where Newman listened to arguments from both sides.
On Thursday a complaint was filed by Butte attorney Susan Callaghan on behalf of Butte Citizens for Preservation and Revitalization, Mark Reavis, Nicole Von Gaza and Richard Gibson. The complaint asked the court to determine whether Butte-Silver Bow and the Butte-Silver Bow Council of Commissioners violated open meeting and public participation statutes and provisions of the historic preservation commission ordinance. An opposition was filed by the city-county.
In the order District Judge Brad Newman denied the request for a preliminary injunction based on the fact the plaintiff did not meet their burden of showing that preliminary injunctive relief was an appropriate remedy in the case.
A memorandum with more of the courts rational will be filed on Tuesday. Demolition is set for Tuesday as well.
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