VALLEY CITY, N.D. (NewsDakota.com) – Southeast Judicial District Judge Jay Schmitz dismissed a motion asking for a Temporary Restraining Order against the city of Valley City that would have halted a street improvement project along Central Avenue.

The complaint issued by Robert Drake said irreparable harm will be done to the merchants of downtown Valley City if the project moves forward. He added, that the citizens of Valley City should have the option to vote up or down on this issue.

On April 11th Judge Schmitz said, the action taken by the city commission on January 2nd was a legislative decision, therefore, he said there is no legal basis for the court to act on this compliant.

Meanwhile, the city denied a petition submitted by three Valley City residents, Brian Mindt, Lloyd Nelson and Gary Schlagel to get an initiated measure for a future vote.

Earlier this month, the first petition was denied. City Attorney Lilie Mertins cited three reasons. She said there is no provision for a second vote to approve public funds, once identified. Second, “Public funds” is not clearly defined and third, the initiated ordinance cannot bypass commission action under North Dakota Century code. Therefore, Valley City Auditor Avis Richter rejected the second request on April 19th.

On April 17th, the city approved of moving forward with the Central Avenue and 3rd Avenue Southeast street improvement projects. Bids will be let for both projects on May 11th in Bismarck.

Second Proposed Initiated Ordinance Petition Declined