Temporary Injunction Denied; Judge Sets Trial for October

    Judge Wilson Fields refused last Wednesday to grant a request by Central citizens for an injunction temporarily halting construction of the Settlement on Shoe Creek, and set the matter for a full trial on October 23.
    Dave Freneaux, Mike Mannino and Mike Stephens filed a petition to halt the development two weeks ago, asserting that the density of the development and its 250 apartments is in violation of Central's zoning laws.  The three citizens/plaintiffs have maintained that the purpose of the suit is simply to require Central's elected officials to follow Central's laws.
    The petition also maintains that Mayor Junior Shelton did not have the legal right to enter into a contract with another developer to acquire an entrance for the Shoe Creek Development in exchange for the City of Central accepting private streets as public, and maintaining those streets at taxpayer expense.
    In his ruling, Judge Fields opted not to temporarily halt progress on the development while all parties await the October hearing.  The primary issues considered were the actual allowable density for the project and the signing of the contract by Mayor Shelton without a public hearing and a vote of the City Council to authorize the action.  The ruling indicates that the Judge did not find the evidence given in the limited one-day hearing compelling enough to intervene in the progress of the development.