Joey Garrison | The Tennessean

Ayrika Whitney/USA TODAY NETWORK - Tennessee

A Nashville judge late Friday denied a request for a temporary injunction that sought to halt the construction of new expo center buildings at the Metro-owned fairgrounds as part of the city's new Major League Soccer stadium project.

After two days of testimony, Davidson County Chancellor Ellen Hobbs Lyle sided with Metro government on the request, arguing that Tennessee law does not authorize issuing an injunction to halt the work under the circumstances.

Jae S. Lee / The Tennessean

The ruling on the injunction is a win for supporters of Nashville's MLS expansion franchise but the trial is set to continue with a hearing Nov. 30.

The group Save Our Fairgrounds and other opponents of Nashville's MLS stadium in September sued Metro over Metro's MLS stadium plans. They argued the closing of Walsh Road and its surrounding parking lot at the fairgrounds for the new expo center facility will "irreparably harm" the operations of the Nashville Flea Market at its current fairgrounds home.

But Lyle, in a written order denying the injunction, disagreed. She said the flea market can withstand a temporary reduction of parking over the next five months.

Plaintiffs' attorney says client will still prevail in court

The Metro Council on Sept. 4 gave final approval of the $275 million MLS stadium project, which involves tearing down existing expo center buildings and other sheds — where the flea market currently takes place — to make way for the stadium.

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The city plans to tear down the existing buildings and begin constructing the stadium after the flea market moves to the new expo facility, which is set to be finished next fall.

Jim Roberts, lead attorney for Save Our Fairgrounds, said he is disappointed in Friday's outcome but expressed confidence that his client will ultimately prevail in court.

“Quite honestly, they were able to survive an injunction hearing, but they’re not going to be able to survive trial," Roberts said.

Metro Law Director Jon Cooper said the city is pleased that the chancellor agreed with Metro's position.

"Throughout this project, the fair board and the Metropolitan Government have sought to ensure that the fairgrounds uses protected by the Charter will continue," Cooper said.

MLS STADIUM: Nashville MLS stadium opponents ask judge to halt fairgrounds overhaul by injunction

Changes an 'inconvenience' not a reason to halt project, city argues

In court, Roberts argued the flea market — a fairgrounds use that is protected in the Metro Charter — cannot survive the loss of some 3,500 parking spaces where the new expo center will be built. Metro broke ground on the new facility on Nov. 1.

Over two days, multiple individuals took the stand as witnesses including architect Ron Gobbell, who has served as project manager of the fairgrounds' transformation, Scott Jones, fair manager of the Tennessee State Fair Association and Nashville Flea Market Manager Mary Ann Smith.

In seeking the injunction, Save Our Fairgrounds asked that the judge enter separate orders to stop Metro from closing the Walsh Road parking lot, constructing the new expo center facility until the litigation is resolved, closing access to vendors and fairgrounds attendees, and placing perimeter fencing around the construction site.

Metro attorneys, led by Lora Fox, argued there is no "irreparable harm" that can be shown. The city made the case that the new expo buildings were planned after stakeholder input with "21st-century standards" and that parking is available onsite during construction to accommodate all users.

Metro attorneys framed the parking situation as an inconvenience — not a reason to take the decision over the future fairgrounds away from the Metro fair board and the Metro Council.

"There are temporary inconveniences inherent in any construction project," Metro's motion to deny the injunction reads. "The question is whether the plans will provide for continuation of the existing uses — and they will. This is the extent of the mandate of the Charter Amendment."

Save Our Fairgrounds was unsuccessful in an initial lawsuit against Metro last year that sought to stop the MLS stadium project. But at the time, the project was only in a proposal phase and not approved by the Metro Council.

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