News Talk 94.1/AM 1600 Where The Upper Cumberland Talks
A Circuit Court Judge has granted the City of Monterey temporary access to a 50-foot easement at Bee Rock.
Monterey Attorney Danny Rader said the injunction will last until a final trial is set.
“The judge decided to grant a temporary injunction which allows the town of Monterey to use its equipment and access the site of Bee Rock,” Rader said. “Prepare the site for the dedication ceremony on June 22nd, and do any other work they need to do like installing a bathroom or a parking lot.”
Judge Jonathan Young granted the injunction during scheduled hearings Friday morning.
The hearings came from a Monterey lawsuit filed against the Garden Inn.
Rader said until the final hearing, only Monterey traffic will be able to use the easement.
“And conduct the dedication ceremony on June 22nd and allow, that if someone is disabled, a golf cart to get out there. And to open the gate to ensure that that is able to happen. The judge did reserve some limitations on that pending the final trial just to preserve the status quo.”
The injunction limits heavy equipment movement to 9:30 AM and 6:00 PM.
Rader said he does not know if The Garden Inn will file a federal lawsuit.
“Mr. [Michael] Kress asked me if I would accept service for a federal lawsuit if he should file one,” Rader said. “As of this morning, I don’t believe one has been filed.”
The law requires that parties first try to settle the suit through the state before filing at the federal level.
