The Montana Department of Transportation posted signs on the fence at the Reserve Street Bridge informing occupants of the department’s lawsuit against Missoula County and up to 100 Jane and John Does.
According to the deputy county attorney Brian West, the court told MDT last week they won't issue a ruling until efforts are made to serve the "Doe" defendants. In addition to the signs, MDT had to post a notice in the newspaper for three weeks.
MDT also filed a motion last week for a temporary restraining order and preliminary injunction that aims to authorize law enforcement to remove anyone trespassing.
The court has not issued a decision on either request.
The following is the full statement from Deputy County Attorney Brian West:
“During a status hearing last week, the Court indicated it would not issue a final ruling until MDT made efforts to serve the "Doe" defendants. The Court stated it wanted postings on-site and also stated it wanted three weeks of notice by publication through the newspaper. Only after the Court receives proof of the three weeks and on-site posting, will it proceed to the final merits of the case. The Court stated it would consider a temporary restraining order (TRO) before the final ruling.
“After the hearing, MDT filed a motion last week for a TRO and a preliminary injunction that I anticipate will authorize law enforcement to remove people and their belongings, to further enable cleanup pending the final decision in the case.
We do not know when the court will issue a decision on the TRO or when the hearing for a preliminary injunction will be set. If granted, it should be before the three-week publication window. If approved, the TRO would be temporary (in effect for 10 days), while the preliminary injunction could be effect until a final decision is rendered.
“The TRO and preliminary injunction are not the final ruling MDT is seeking with their lawsuit, which is a permanent injunction that would give law enforcement standing authority to remove individuals from MDT property.”