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 project.

Meanwhile, the city denied a two petitions submitted by three Valley City residents, Brian Mindt, Lloyd Nelson and Gary Schlagel to get an initiated measure on a citywide ballot.
City Attorney Lilie Mertins said the two petitions were rejected being the request was unclear as to what the electorate would be voting on. She also said the initiated ordinance cannot bypass commission action under North Dakota Century code.

Mertins told the city commission on May 1st that Drake filed another temporary restraining order against the city to halt the bidding process of the proposed street improvement project until people can vote on it.

A May 8th hearing in Southeast Judicial District Court in the Barnes County Courthouse will determine the outcome of that request.

In April, the city approved of the Central Avenue and 3rd Avenue Southeast street improvement projects. Bids are set to be let May 11th in Bismarck.