A watchdog group Friday morning failed to delay a Glendale City Council vote on a proposed $325 million lease agreement for the Phoenix Coyotes.

The Goldwater Institute had sought a temporary restraining order to halt the vote, arguing that the city had not yet released documents key to understanding the financial deal proposed. Attorneys for the city said major documents had been provided, starting Monday and continuing through the week.

Maricopa County Superior Court Judge Katherine Cooper agreed with Glendale 's argument that the court does not have the authority to prevent a vote.

However, Cooper added, there were "clear violations" to a 2009 court order that Glendale provide all documents to Goldwater in a timely manner regarding Phoenix Coyotes negotiations with proposed buyers.

Cooper said while the city may go ahead with a vote today, "What the city is preparing to do, not complying with the court's order, may jeopardize the ability to carry forward with that agreement because it would be subject to attack legally."

The judge said Glendale could be sanctioned for proceeding on a vote.

Cooper also questioned why the meeting had to happen today.

"What is the hurry?" Cooper asked attorney Gary Birnbaum, who was representing Glendale.

The attorney said the ownership saga has been going on for several years and there is a sense of urgency in working something out soon.

"The National Hockey League may give up in frustration in dealing with Glendale," Birnbaum said.

Glendale's arguments before the judge centered on whether she had the authority to prevent a council vote, but Birnbaum did say that Glendale had posted all public documents in time, according to the state open meetings law. The council also conducted a study session Thursday that was open to the public, he said.

Birnbaum and Glendale City Attorney Craig Tindall did not comment after the hearing and headed to Glendale for the council meeting on the proposed agreement.

Goldwater attorney Carrie Ann Sitren had argued "the city has negotiated a deal under cover of darkness." Goldwater was in court to prevent a "backroom deal" from happening, she told Cooper.

Sitren said they had received some documents as late as Thursday afternoon, less than 24 hours before the Friday morning meeting.

Sitren added that Glendale has been saying for three years that the Coyotes would leave and that hasn't happened.

After the hearing, Sitren said the judge's remarks made it clear that if the council votes Friday on the Coyotes deal, it will violate the 2009 court order.

If Glendale approves the deal Friday, Sitren said Goldwater would be back in court to ask that the deal be declared invalid.

TWEETS FROM THE HEARING

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