The Court of Civil Appeals affirmed a decision made by the Lincoln County District Court to deny a temporary injunction on the demolition of two buildings known as the St. Cloud Hotel, according to court documents.
In a decision released on April 17, Timothy Downing, the presiding judge, wrote that the trial court’s denial of the preliminary injunction was supported by clear and convincing evidence and wasn’t an abuse of discretion.
In the appeal, the plaintiff, John Givens, raised two propositions of error, stating that the trial court erred in failing to grant an injunction and that he wasn’t given enough time to remedy issues. Regarding those, Downing wrote, “We are unpersuaded by Givens’ arguments.”
Regarding the first proposition, the burden is on the party seeking an injunction to provide face-value evidence that they will succeed on the merits, according to the decision. Downing said that based on a review of the case, Givens failed to demonstrate a likelihood of success. Therefore, the trial court’s determination that he didn’t meet the requirements for an injunction wasn’t an abuse of discretion.
Downing presented as evidence a list of conditions that Givens was given in January 2025 for repairs, which had not been fully addressed as of photos taken on June 24, 2025, and testimony provided by Code Enforcement Office Scott Wintz and engineer Rick Forest.
For the second point, Givens argued that according to a state statute, he wasn’t given enough time to make repairs. Downing wrote that the statute in question refers to the commencement and completion of the removal of a dilapidated building, not repairs.
“Section 22-112(A) (3) does not provide the owner an opportunity to make repairs, thus, Givens’ proposition two is denied,” Downing wrote.
The decision ends a court process that began a year ago. The Chandler City Council voted in April 2025 to declare the St. Cloud Hotel buildings as dilapidated and ordered their demolition due to damage sustained during a storminMarchanddecades of neglect, resulting in the buildings being unsafe. Givens, one of the owners, filed for a temporary injunction on May 5, 2025.
A temporary restraining order was granted, and after a hearing on June 25, 2025, Associate District Judge Joseph Dobry issued a ruling on July 9 denying the injunction and dissolving the restraining order. The attorney for Givens filed for an appeal on July 22, 2025, according to court filings.
While waiting for a decision from the appeals court, City Attorney Larry Lenora filed a motion to confirm the enforceability of the previous June 25 order on Nov. 12, 2025, court documents said. In a hearing on Dec. 1, Judge Dobry issued a temporary stay on the demolition until Dec. 16, 2025. He said that if the plaintiff did not post a $300,000supersedeasbond and there was no ruling by an appellate court by that date, the City of Chandler could commence with demolition.
No bond was posted, and no ruling was made, allowing the City to begin demolition on Feb. 2, 2026. It is now completed.