Judge denies motion for temporary restraining order

Seth Dukes:

Newsroom Coordinator


 Last week, Meade County Circuit Court Division 1 Judge Bruce Butler issued an order denying the motion for a temporary restraining order that would prevent the removal or dismantling of the grain elevator along with the road leading to the grain elevator.

 A hearing was held last week on the matter. Counsel for Consolidated Grain and Barge say they have a contractual obligation to begin dismantling.

 In the order, Judge Butler says that the Plaintiffs have not clearly shown that their rights are being or will be violated by the Defendants, nor have they shown that they will suffer immediate and irreparable injury, loss or damage.

"In addition, a consideration of the public interest that may be harmed by injunctive relief must be considered," Judge Butler says in the order, "and also to be considered is whether the effect of the injunctive relief will merely be to maintain the status quo. It is clear there is a public interest that is arguably harmed by the issuance of the restraining order as requested by the Plaintiffs in this case and it is also clear that the effect of issuing a restraining order would not be to merely maintain the status quo. The equities involved in issuing temporary restraining orders must be considered."

Another motion hour is scheduled for today at 1 p.m. As of Monday, no additional motions had been filed by attorneys.

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