ELECTRONICALLY FILED

Faulkner County Circuit Court

Crystal Taylor, Circuit Clerk
2017-May-12 15:43:10
23CV-17-499
C20D01 : 2 Pages
IN THE CIRCUIT COURT OF F'AULKNER COUNTY, ARKANSAS
FIRST DIVISION

CITY OF DAMASCUS, ARKANSAS

And L.B. PAVATT, in his capacify as
Mayor of the City of Damascus, Arkansas PL,A.INTIF'F'S

v. NO.23CV_2017-499

2lthJUDICIALDISTRICTPRoSECUTING
ATTORIIEY'S OFFICE; CODY HILAND,
in his capacity as Chief prosecuting Attorney
of the 20th Judicial District; and
ARKANSAS STATE POLICE DEFENDANTS

ATTORNEY GENERAL'S OFFICE of the

STATE OF'ARKANSAS INTERESTED PARTY

COMES NoW this matter on the ex parte motion of the Plaintiffs for consideration
of
their request for a Preliminary Injunction, and the court, doth find
as follows:

I ' This matter is an appeal requesting Injunctive Relief and Declaratory Judgment
in
favor of the City of Damascus from an order of the 20th Judicial District prosecuting
Attorney removing the authority of the City of Damascus Police Department from
enforcing traffrc laws on the highways inside the City of Damascus' municipal
boundaries , frnalized on Mav 9.2017 .

2. service has not been perfected as of today, May 12,2017,on any of the named
defendants or interested parties.

3. Plaintiffs caused to be filed this day a prospective Ex parte Order Granting

Preliminary Injunction, alleging that there is a likelihood of immediate
and
irreparable harm should the above-mentioned ban remain in effect,
to wit: ,....these
sanctions would potentially endanger motorists and pedestrians if
the public knew
that the Damascus Police Department was unable to effectively perform
its traffic
control and management duties.,,
 4' Based on the filings in this matter the Court cannot find that there is any irreparable
injury at this time. The plaintiffs' own pleadings in this matter indicate
that agents of
the Arkansas State Police, Faulkner County Sheriff s Office,
and Van Buren County
Sheriff s Office will take up the traffrc enforcement duties along
the effected
highways, as such alleviating any need for an injunction,

THEREFORE, for the above-mentioned reasons Plaintiffs' request

for an Ex parte order
Granting Preliminary Injunction is denied.

ON. CHRIS CARNAHAN

CIRCUIT JUDGE