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Preliminary Order in Prohibition


General News

By nedu, Section Diary
Posted on Tue Mar 6th, 2007 at 21:34:26 EST

Preliminary Order in Prohibition from the Missouri Court of Appeals, dated March 6th 2007.

See Karen Dillon's March 6th, 2007 article in the Kansas City Star, “BPU document shows projects may have violated pollution laws”.

IN THE MISSOURI COURT OF APPEALS
WESTERN DISTRICT

STATE OF MISSOURI, ex rel.
CYPRESS MEDIA, LLC and
KANSAS CITY PITCH, LLC

Relators,

vs.

THE HONORABLE KELLY J. MOORHOUSE,
16th JUDICIAL CIRCUIT,

Respondent.

     WD 68104

PRELIMINARY ORDER IN PROHIBITION

WHEREAS, relators filed a petition for writ of prohibition from which it appears that in a certain cause pending before you, Kansas City Board of Public Utilities v. The Kansas City Star and The Pitch Newspaper, No. 0716CV04986, you entered a Temporary Restraining Order on the 2nd day of March, 2007, temporarily restraining the relators from publishing in any public medium or distributing information contained in Stanley Reigel's document dated November 16, 2004.

WHEREAS, relators content your temporary order of March 2, 2007, causes irreparable harm to relators from which they have no adequate remedy by appeal,

NOW, THEREFORE, we do command and enjoin you to take no further action with respect to the aforesaid temporary restraining order of March 2, 2007, except that you may vacate and set aside said order, and

IT IS FURTHER ORDERED that if any reason exists for the entry of your temporary restraining order in said case number No. 0718CV04986 and you do not set aside your order of March 2, 2007, you shall file an answer before this court on or before March 16, 2007, in accordance with the provisions of Rules 97.06 and 97.07.

Dated this 6th day of March, 2007.

Patricia Breckenridge, Presiding Judge
WRIT DIVISION
Spinden, J concurs.
cc: The Honorable Kelly Moorhouse
Mark Sableman
Sam L. Colville
R Dennis Wright
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