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 during a hearing on April 11th.

The complaint issued by Robert Drake said irreparable harm will be done to the merchants of downtown Valley City if the project is allowed to move forward this summer. Drake told Judge Schmitz that we are trying to slow down the process until the citizens of Valley City can vote up or down on this issue.

Judge Schmitz said the action taken by the city commission back on January 2nd of 2018 was a legislative decision, therefore, he said there is no legal basis for the court to act on this compliant.

The city denied a recent petition submitted by three Valley City residents to get an initiated measure for citizens to vote on the project. Drake said their attorney was writing another one and it will be resubmitted to the city soon.

City Attorney Lilie Mertins said the petition did not conform to the appropriate form and did not contain the full text of the measure. Read the entire response by opening up the document below.

Petition Initiation of City Ordinance Response

The Valley City Home Rule Charter allows citizens to get a petition over a citywide concern. If the language in the petition is approved by the city, citizens can get the necessary signatures, if the city approves the petition, a special vote will follow 90 days after approval.