KGEZ 20-20 News has uncovered some new developments in the Warming Center’s lawsuit against the City of Kalispell. Rather than a request for a Temporary Restraining Order, Judge Dana Christensen decided Friday’s request would be for a Preliminary Injunction. Appearing on the KGEZ Midday Summary, Institute for Justice Attorney Christie Hebert explains that the Judge just wanted to do this once. That decision would determine if the Warming Center Could re-open until the case it settled.
Institute for Justice attorneys insist that the City issued the Conditional Use Permit and now, it has to abide by it. She says the City has the right determine what kinds of Conditional Uses are to be included, but once it’s done, it’s permanent. Attorney Marcel Quinn, of the local law firm Hammer, Quinn & Shaw, believes there’s a “rescission clause” in the Permit that would allow it to be revoked. That clause is the one that affirms that all statements made the applicant–Warming Center Executive Director Tonya Horn, are true and correct to the best of her knowledge. The Warming Center stands by the statement that there are no untruths.
Whichever way it goes, Judge Christensen’s decision will likely be immediately appealed, and so he’s taking his time to get the language just right. He promised to deliver his ruling “as soon as possible.”
