In an email, Sierra attorney David Frederick wrote:
All:
The judge has refused to enter the preliminary injunction we sought. Given the lapse in time since the short trial (3 months), this is not unexpected. I have attached the opinion, which I have only read hastily. And, I am likely tied up the rest of the day on other work.
It is slightly unusual opinion, in that he seems to go out of his way to be deferential to the Club's arguments, while, ultimately, deciding against the Club on all points. I am surprised at his main finding, that the evidence thus far does not indicate the Club is likely to prevail on the merits of the case when the final trial arrives. I thought the proof of habitat fragmentation west of the park enabled by Paso del Norte and Plexxar overpasses (and subsequent urbanization to the north) was strong. His opinion is I think a bit vague on why he found that unconvincing, but I think he thinks it at least likely that the urbanization is coming anyway. His opinion is careful to note that all the evidence is not "in," yet, that the hearing was preliminary, only, and that he might change his mind by the end. But, still, he thinks right now that the Club will not prevail on the merits, and I felt that was a showing we were likely to convince him of. I could have seen losing on any of the other injunction elements, and we did. The last paragraph of the opinion is unusually supportive of the side against he has just ruled on all elements. Slightly strange.
He also today denied (separate order) the Defendants' attempts to prevent the Club from initiating discovery. If we go forward, that will be a help to us.
David
Here is the court ruling:
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