But the issue is not settled. Those seeking the injunction have 14 days to file objections.
“Rest assured, we will be filing objections,” said Marianne Stanley, one of three plaintiffs who filed for the injunction.
District officials want to start demolition March 5. The former school, at 325 Homewood Ave. in the city’s Five Oaks neighborhood, is on the National Register of Historic Places.
Montgomery County Common Pleas Magistrate Robert Cowdrey held a hearing Wednesday, taking testimony from members of the Coalition to Save Julienne and Dayton Public School officials.
Julienne supporters had been granted a temporary restraining order to allow time for consideration of a preliminary injunction, which Cowdrey denied Friday.
His decision states that the plaintiffs had failed to prove, by clear and convincing evidence, three of the four legal tests for an injunction: that there was a substantial likelihood that they will prevail on the merits of their case, that they have sustained irreparable injury or damage should the property be demolished, or that the injunction would not harm third parties.
The fourth legal test is whether an injunction will serve the public interest.
“While the public interest might be served by enjoining demolition of the property, the undersigned magistrate finds that a balancing of the four factors leads the undersigned magistrate to the conclusion that demolition should proceed forward,” Cowdrey wrote.
School district officials have said that delaying demolition by six months, as requested by the Julienne coalition, could cost the district more than $1.4 million.
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