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Judge grants KPP restraining order

Modified: Saturday, Aug 10th, 2013

ALAMOSA — A visiting judge agreed to issue Dan Russell a temporary restraining order (TRO) after hearing from the Keep Polston Public (KPP) plaintiffs on Friday afternoon, according to unofficial sources.

The Valley Courier was not able to officially confirm the TRO before press time Friday night.

KPP plaintiff and spokesperson Danny Ledonne said in an interview on Friday Chief Judge of the Twelfth Judicial District Pattie Swift recused herself from the case on Thursday, placing it in the lap of Ninth Judicial District Judge Thomas Ossola, who has presided over a number of environment and water cases in his career.

Ledonne said the 10-day TRO would go into effect on Monday if the KPP plaintiffs can post a $5,000 bond. Should the court find the plaintiffs’ complaint unlawful, Russell could cash in on the bond if he suffers financial damages during the TRO time period.

He added that the judge’s decision leaned heavily on the potential threat any property modifications can cause to the land’s health. Russell started moving earth earlier this week.

Last month, the KPP plaintiffs filed a lawsuit challenging the Alamosa Board of Education (ABOE) decision to sell the Polston property to Russell for below the appraised price.

Last week, the KPP plaintiffs filed an injunction motion against Russell to prevent him from reselling the property or moving forward with his R.V. park construction plans until the case is heard in court.

Judge Ossola will hear the case on August 20 at 9 a.m. in the Alamosa County Courthouse.

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