VALLEY CITY, N.D. (NewsDakota.com) – Southeast Judicial District Judge Jay Schmitz denied a motion requested by Robert Drake to have the court issue a Temporary Restraining Order against the city of Valley City to halt the bidding process on the Streetscape project until citizens can vote up or down on the project.
On May 8th, Drake told Judge Schmitz the city is stalling the petition effort because they worry that if it goes to a vote, citizens will vote against the project. Drake said the people of Valley City have a right to vote up or down on this issue.
Attorney Joe Quinn, represents the city, he said the petitioners are trying to stop the project through the back door being they failed through the front door. He said they don’t meet the requirements for a vote being they are beyond the 30-day rule following a city commission vote.
Earlier this year, the city denied two petitions submitted by three Valley City residents to circulate a petition to bring the issue up for a vote. City Attorney Lilie Mertins said the petitions were rejected being the request was unclear as to what the electorate would be voting on.
In April, the city approved of the Central Avenue and 3rd Avenue Southeast street improvement projects. Bids are set to be opened Friday, May 11th in Bismarck at the State Department of Transportation offices.
Judge Schmitz said in his ruling that, “I find as a matter of fact and conclude as a matter of law that the court cannot enjoin the NDDOT from conducting the bid opening because the NDDOT has not been named as a party or served with any notice of this proceeding. Therefore, the court lacks jurisdiction to grant the requested relief.”
Judge Schmitz ruling listed below: