A lawsuit seeking to preserve Arbor Park will go forward, a judge ruled on Wednesday morning, setting up a hearing on Wednesday afternoon.
District Judge Steven Marquart denied the city of Grand Forks' request to dismiss the case, which the city's attorney argued was filed improperly. By rejecting procedural points about the case, the judge's decision is expected to allow attorneys to begin debating the merits of its arguments.
At the case's center is the June 20 citywide election that decided the future of the 15 S. Fourth St. park. Voters rejected a ballot measure to preserve the park with the Grand Forks Park District. In doing so, they effectively voted to allow city plans to sell the park to a developer to move ahead. The park is currently being dismantled ahead of the expected construction of a condominium building.
The suit, filed last month, argues that the election should be voided because two absentee ballots were improperly disqualified and because the city held all voting in one location. The latter move, the suit argues, exceeded the city's authority.
The evidentiary hearing on the case is set for 1:30 p.m. Wednesday in Grand Forks District Court.
