August 1, 2016

Court (temporarily) blocks ART

Albuquerque Rapid Transit

Andy Lyman

The 10th Circuit U.S. Court of Appeals on Monday temporarily barred the city from taking any action to build Mayor Richard Berry’s Albuquerque Rapid Transit project.

Albuquerque Rapid TransitThe move came in response for an emergency order to stay a decision on Friday by a federal court  judge to deny ART opponents a preliminary injunction halt ART they had requested.

The appellate court in Denver enjoined the city from taking any action on ART until its judges have a chance to fully review a request by the plaintiffs to bar the city from proceeding with ART construction pending their appeal of Friday’s decision by U.S. District Court Judge Kenneth Gonzales who denied their request for a preliminary injunction.

The court ordered the Federal Transit Administration and the city to file their responses to the defendants’ motion by 4 p.m. Tuesday. “The city is specifically directed to include in its response information on the nature and timing of any demolition or construction related to the ART project that is planned between now and the close of business Wednesday,” the appellate court order said.

“In the meantime, to allow the court sufficient time to review the parties’ motion and responses, the court temporarily enjoins defendants-appellants from taking any action on the ART project until further order from the court.”