RM 07-07-78 - Laserfiche WebLink

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South Bend Redevelopment Commission Page 14" July 7, 1978 7. PROGRESS REPORTS, Continued approached us and they want to sell but I understand there is no formal agreement but the court has asked us not to proceed, pending the decision on this appeal. There is no injunction against us and as Kevin says, we are very soon going to come up against the deadline where we must proceed if we are going to begin acquiring property in order to meet that dead - lin . That is basically the situation. Mr. Anderson: In other words, what you are saying is that you are going to adhere to this - what for want of a better term you almost have to call a gentleman's agreement with the State Court of Appeals..by not getting into a land acquisition until you reach a time when you just have to proceed whether the court has ruled or not. Mr. Brownell: I think that is a little too specific because the court did not mention the acquisition of real estate. They just mentioned that until there was some action that indicated irreparable injury to one of the parties, they would not pass on that motion and if something like that came up the party could renew their motion. Mr. Wiggins: Let's put it this way, we are still treading water but we are getting short of breath. Mr. Nimtz: To answer your question, we will depend on Kevin and Mr. Chapleau to recommend to us whether to proceed or not, that is where we are right now Ms. Derbeck: What "motion" are you talking about? Mr. Brownell: The plaintiffs' in this case - when they _made their appeal, the also filed a motion for an injunction and the Court of Appeals re- fus d to hear it. Ms. Derbeck: Oh they did file with the Court of Appeals - to stop you from any activity on the Mall.. Mr. Butler: You will recall Jeanne - locally they had filed their motion for an injunction and the court said "Fine, if you put up a bond" and they did not put up a bond so then, in effect, with the filing of the appeal they alsc filed a motion for an injunction, a restraining order with the Court of Ippeals. Then as Wayne said, the Court of Appeals said, in effect, "we are not going to act upon it until we feel that one of the parties is taking action that wou d result in irreparable damage to the other party. Then you can renew your motion or the City can ask for injunctive relief ... Ms. Derbeck: If you proceeded to acquire nearby property, even if it is not the r property, I would think they could construe that as. Mr. Butler: I really don't know what they or their attorney would think - that wou d involve strategy.