MISC 20-000341

OCTOBER 8, 2020




The parties in the above-captioned action, following a hearing before this Court held on September 16, 2020, and upon instruction from the Court, have agreed to the entry of the following preliminary injunction order.

Pending further order of the Court, Defendants, and anyone acting on their behalf or in concert with them, are enjoined as follows:

1. No equipment or materials shall be placed or stored on Ruthven Park, subject to the following exceptions:

a. Equipment and materials may be placed or stored on Ruthven Park temporarily and when in use in connection with ongoing construction activities on the properties at 10 Ruthven Park and or 71 Ruthven Street;

b. A dumpster and boom lift may be stored on that portion of the ROW that extends through 10 Ruthven Park and 71 Ruthven Street beyond the southwesterly property line of 73 Ruthven Street to the extent they cannot be stored on 10 Ruthven Park and/or 71 Ruthven Street. The boom lift is to be removed and no longer stored on the ROW at the conclusion of the rental agreement term for such equipment (anticipated to be on or about October 16, 2020); and

c. In the event that the boom lift or some other large construction equipment breaks down during use and such equipment cannot be moved and stored behind on that portion of the ROW that extends through 10 Ruthven Park and 71 Ruthven Street beyond the southwesterly property line of 73 Ruthven Street, Defendants will promptly notify Plaintiffs and coordinate the repair or removal of such equipment.

2. No construction vehicles shall be parked or placed on Ruthven Park, with the exception of temporary parking or placement for purposes of loading or unloading of equipment, tools or materials not to exceed one hour;

3. No chemical toilet may be placed or stored on Ruthven Park;

4. No fences or barricades may be placed on or across Ruthven Park so as to obstruct access to or from Plaintiffs' properties and Ruthven Park, subject to the following exceptions:

a. Defendants may maintain a construction site enclosure so long as it does not obstruct Plaintiffs' access as described in this paragraph;

b. Ruthven Park may be blocked as necessary for safety reasons during any installation of utility services, including electrical, natural gas, and sprinkler, water and sewer services, provided Defendants provide no less than 48- hours' notice to Plaintiffs of the commencement of such work, or prompt notice in the event Defendants are informed of utility service work commencing in less than 48 hours. Any such work must be secured so as to permit reopening of Ruthven Park for access to and from Plaintiffs' properties at the end of each workday, unless such work is incomplete and circumstances prevent adequate securing of such work site at the end of each work day;

5. Defendants and/or ATA Development, LLC may park vehicles on the ROW provided such vehicles are parked either immediately adjacent to 10 Ruthven Park or 71 Ruthven Street and do not obstruct passage along Ruthven Park by foot or vehicles; and

6. In the event this Court determines upon notice and following a hearing that there has been any intentional, reckless, grossly negligent, or negligent violation of this agreed-upon order, Plaintiffs shall be entitled to an immediate injunction against all such activity, shall be entitled to recover reasonable attorneys' fees and costs, and such other sanctions as the court deems appropriate.

So Ordered.