Today was the final scheduled day for the preliminary injunction hearing in Masters Club v. East Hartford and no ruling either way has been made. It appears three days was just not enough time.
The JI has coverage of Wednesday’s events online now and I expect they’ll have some coverage of today’s events online tomorrow. The story is here.
Based on my conversations this evening with people from both sides it sounds like this issue has a long way to go before the preliminary injunction request is resolved. Experts are needed and probably more days in court later this year or even into next year. This means that for now the town’s regulations as they apply to Masters Club and all adult establishments still stand and Masters Club is not coming to Roberts Streets in the near future.
From what I’ve heard the case presented by Coleman was lacking any real punch on the issue of statements that may have been made by the Mayor and witnesses listed on the witness list never made it to the stand or even the court room.
For today East Hartford is the victor, if only by a lack of a ruling. I’ll take it.
It’s a good thing I didn’t try to go see the hearing while I was in New Haven Tuesday after all. The hearing actually happened in Bridgeport so I never would have found it.
UPDATE
The Judge has made an order following the three day hearing:
SCHEDULING ORDER: Following three days of hearings on Plaintiff’s Motion for Preliminary Injunction and after conferring with counsel, the Court hereby issues the following scheduling order: Plaintiff will disclose its experts and provide Defense counsel with a 26(a) report by November 17, 2008. Plaintiff may also depose Defendants’ consultant or other fact witnesses during this time period. Defendants will depose Plaintiff’s experts by December 15, 2008. Defendants will then disclose their experts and provide Plaintiff’s counsel with a 26(a) report by January 21, 2009. (If Defendants choose not to use expert witnesses, counsel should notify the Court as soon as possible, but no later than January 21, 2009.) Plaintiff will depose these defense experts by February 21, 2009. The hearing on the motion for preliminary injunction will be continued on March 2-4, 2009. If, however, Defendants decide not to use any expert witnesses, the Court has set aside January 27-29, 2009, for the continuation of the Preliminary Injunction hearing. SO ORDERED. Signed by Judge William I. Garfinkel on 9/18/2008. (Smith, M.) (Entered: 09/18/2008)
Basically, it will be early March of 2009 before Masters Club can even hope to get an OK to go ahead. Although if they are successful in challenging the last amendment to the zoning regulations this may not hold true since the special permit would be in force again along with all it’s unconstitutionality.
UPDATE #2
The JI has added another article on the hearing as expected.
Tags: East Hartford, Kim Coleman, Masters Club LLC, Melody Currey, Thomas Gerard
