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Temporary restraining order granted by judge in fight against Fareway

Neighbors fighting against a proposed Fareway grocery store on the site of an old Rock Island school scored a preliminary win in court after a judge granted a temporary restraining order Monday afternoon, July 8, 2013.

Judge James Conway granted an emergency ten-day TRO and ordered a  trial for later in July to hear evidence from both sides on a permanent injunction.

The order blocks the Rock Island City Council and Fareway from making any progress or taking any votes on the proposed project until the trial later this month.

Attorney Jason O’Rourke, with the law firm Lane and Waterman, which is representing Fareway locally called the ruling “disappointing”.

He told the judge the temporary restraining order is “putting the cart before the horse,” because the city hasn’t even voted on rezoning for the project yet and says residents who filed the lawsuit are “trying to stop the entire project.”

Four residents who live near the proposed site say the project is too big for the space and say an expected vote to over-ride the city’s current zoning requirements is not in the community’s best interest.

Judge Conway will hear both sides at the trial set for July 18th and 19th. A council vote is expected three days later.

Judge Conway also required the residents who filed the lawsuit to post a $7,500 bond.

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