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Update on Fireworks lawsuits

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June 22, 2006, 11:13
russwm
Update on Fireworks lawsuits
Our local fireworks dealer has filed a lawsuit seeking an injunction against our order banning the use only of all fireworks and other combustibles. Any other counties been sued or threatened with suit? If anyone else has experience in defending an attempted injunction against a penal ordinance I would appreciate any bright ideas you would be willing to share. My phone number is 432(688-4490), my cell phone is (432)349-6519 and my email is malm@co.midland.tx.us

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June 28, 2006, 14:32
Admin
We lost our injunction hearing today. Our ban was on the use of all fireworks and combustibles. I believe Andrews County has a hearing this afternoon with different Plaintiffs and same Judge.

Apparently a lawsuit has been filed in the US District Court for the West. Dist. of Texas in Midland, by the Texas Pyrotechnic Assoc. and several fireworks vendors against all of the counties who have banned the use and/or sale. You know who you are. (Andrews, Collin, Dawson, Denton, Donley, Ector, Gaines, Gray, Hood, Ochiltree, Parker, Tarrant & Wise. I don't think I left anyone out.

Although we have not been served, we have a copy of the Complaint. It is our understanding that the Fed. Judge denied their request for a TRO today. We are getting a copy. Anyone who wants us to fax them a copy of the Complaint or denial of TRO call my office an speak to Cheryl or Lety.