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After indecisive actions, Opus protestors file for a new judge

Opus Group

  At a hearing this morning at the Boone County Courthouse, plaintiffs working to stop the Opus student housing development filed a motion to change the judge in their case against the city.

Last Friday, Boone County Circuit Judge Kevin Crane granted and that same day lifted a new restraining order blocking the city and the Minneapolis-based Opus group from moving forward with construction.

Josh Oxenhandler, an attorney for the plaintiffs, said without a restraining order, nothing prevents the Opus group from progressing with demolition on the site while they wait for a new judge.

"The judge considered our motion without objection from the other side and recused himself," Oxenhandler said after the hearing this morning, "and sent the case back to the presiding judge, Judge Asel, for reassignment. We presume that will happen sometime today. As of the entry of the order lifting the TRO, they were entitled to proceed."

During the hearing, Opus workers began work at the site, and by 10 a.m., the building that formerly housed Chong's Oriental market was demolished.

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