Court throws out City’s motion against Madsen’s Bowling

LINCOLN, Neb. (KLKN) — According to court documents, Thursday, courts ruled the City of Lincoln is not ‘entitled to a temporary or permanent injunction’ against Madsen’s Bowling & Billards.

The documents claim that due to current ordinances, the Health Director can order the business to close and it can be carried out by local law enforcement.  It says it is a ‘more effective remedy’ rather than pursuing an injunction. Therefore, the courts overruled the City’s motion for temporary injunction and sustains Madsen Bowling’s amended motion to dismiss.

An injunction is a court order requiring a person to do or cease doing a specific action.

RELATED CONTENT: City of Lincoln seeks injunction to close Madsen’s

Saturday, the City of Lincoln ordered Madsen’s Bowling to close for 24 hours after multiple allegations of DHM violation had been filed against them. The business refused, prompting the City to file the injunction in district court Monday. If approved, the injunction would force Madsen’s to close until the business is in compliance with the current directed health measure. The DHM states that the City Attorney “may institute injunctive or other appropriate civil proceedings necessary to obtain compliance or to abate any nuisance resulting from violations of this Order.”

RELATED CONTENT: Madsen’s seeks to dismiss injunction; hearing scheduled for Wednesday

The business responded by filing a motion to dismiss the injunction, on Tuesday, saying the city has failed “to allege great or irreparable injury” as required by state law.

The hearing was held Wednesday afternoon.

 

 

 

 

 

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