Judge Grants Preliminary Injunction Against Oakwood
SYRACUSE — Details are sketchy, but Circuit Court Judge Michael Reed granted the plaintiffs a preliminary injunction against Oakwood Friday, Aug. 14. However, the injunction does not go into affect until the plaintiffs pay a $25,000 bond. At press time, the county clerk had no record of the bond being paid.
In late May, nine residents who live across Conklin Bay filed suit and requested a preliminary and permanent injunction claiming they had lost the use of their outdoor space due to loud music coming from the Oakwood Resorts outdoor patio.
After a hearing that lasted approximately 10 hours during two days, June 10 and July 21, attorneys for both sides had until July 31 to submit additional paperwork to Reed.
The definition of a preliminary injunction is, it is only for a set amount of time until the court can hear arguments for a permanent injunction. Plaintiffs have to prove irreparable harm if a permanent injunction is not granted and they have to show they have a reasonable chance of prevailing on the merits of their lawsuit.
The purpose of a bond is twofold, to show plaintiffs are serious about pursuing their case in court and because Oakwood is a business, if any harm is inflicted upon it due to the injunction, the bond is to cover damages.
As of Tuesday, Aug. 18, Dr. Rex Parent, who owns the Oakwood Resort with his family, said he had not spoken to his attorney about the matter and had no details on the situation.
Calls to David Bailey, Parent’s attorney, seeking more information were not returned.