A case seeking a preliminary injunction on the demolition of the St. Cloud buildings has been appealed, according to court documents. The Petition of Error was filed on July 22, with an amended Petition of Error filed on Aug. 8. It is now waiting for a decision from the Oklahoma Supreme Court.
According to the court documents, the issues to be raised on appeal are that the plaintiff, John Givens, is entitled to a temporary injunction, wasn’t given enough time to remedy the issues, and that the St. Cloud was not properly determined to be dilapidated. Prior to the appeal, District Court Judge Joseph Dobry ruled that the plaintiff is the title owner of the St. Cloud Hotel and has a justiciable interest in the property to bring the action. He also ruled that Givens had not met his burden in showing that he would succeed at trial, stating that the St. Cloud Hotel is dilapidated and there is more than routine maintenance and repair needed to restore the building to a safe condition.
As such, Dobry denied the application for a temporary injunction, dissolved the temporary restraining order, and said all further judgment on the merits of the matter is reserved, meaning that the case is not yet closed.
As of publication, there was no word on when the case might be reviewed and a ruling issued.